Lagos court awards N10m against police, businessman in determined land-title dispute

A Federal High Court sitting in Ikoyi, Lagos, has awarded N10 million in damages against the Nigeria Police Force and businessman Kazeem Gbadamosi Eletu over the infringement of the fundamental rights of Prince Toluwaleke Megba arising from a land dispute previously determined by the Lagos State High Court.

Justice Ibrahim Ahmad Kala, delivering judgment in Suit No. FHC/L/CS/1306/2024, held that repeated police invitations, threats of arrest and detention, and an alleged invasion of Megba's residence were unjustified. The court awarded N5 million against the police respondents and a further N5 million against Eletu, bringing the total to N10 million.

The judge also restrained the Inspector-General of Police, the Assistant Inspector-General of Police in charge of Zone 2 Command, Lagos, Assistant Superintendent of Police Adewunmi Oderinwale and Eletu from further inviting, threatening, harassing, intimidating, arresting or detaining Megba over allegations of fraud and forgery connected with the disputed land. The court held that the respondents' conduct breached Megba's rights to dignity of the human person and personal liberty under Sections 34(1) and 35(1) of the 1999 Constitution.

The action followed an earlier ruling in Suit No. LD/2533/2010, in which Justice Obadina of the Lagos State High Court affirmed Megba as the lawful owner of the parcel on March 9, 2017. Megba alleged that the police, acting on a petition from Eletu, continued to summon and threaten him over fraud and forgery claims relating to the same property. His counsel, D.C. Kemdirim, told the court that armed officers came to his client's residence on May 7, 2024, attempting to arrest him with handcuffs without a warrant.

The police, represented by Sternly Mba, denied acting unlawfully and argued that the Police Act 2020 empowers officers to investigate complaints alleging criminal conduct. Eletu's counsel, A.A. Kilani, said his client had merely exercised his right to report suspected criminal conduct and that the deed of assignment relied on by Megba contained irregularities that justified investigation.

Justice Kala found that the cumulative conduct of the respondents amounted to unjustified interference with Megba's rights, noting that the invitations and the May 2024 incident arose from allegations over land ownership already settled by a court of competent jurisdiction. Megba had sought N1 billion against the police and N500 million against Eletu, a perpetual injunction and a public apology in two national newspapers; the court granted the injunctive relief and costs, but not the sums requested.