Justice Othman Musa of the High Court of the Federal Capital Territory (FCT) in Maitama has ordered the Nigeria Police Force (NPF) to unseal a disputed property located in the Lekki area of Lagos State.
Specifically, the court ordered the assistant inspector-general of police (AIG), Zone 2, Lagos State, to forthwith unseal the property in dispute preserved to avoid its destruction.
Officers of the court in December 2025 sealed off the property located at Lekki Peninsula Scheme, Lagos, following an ex parte order granted by Justice O Musa.
The property houses business entities, including Angelos, Café, Zevis, Pharmaceuticals, EOD PFM Ltd, Lord of Hosts Miracle Church, who have been carrying out their activities in the premises for several years.
The ex parte order was granted in a case for the enforcement of fundamental rights in Suit No. FCT/HC/CV/4636/2025, instituted by Mr Henry Ugonna Orabuchi Vs Nigeria Police Force and Others.
In its judgement, the court said, “Consequently, the 1st to 4th respondents are hereby ordered either by themselves or the assistant inspector-general of police, Zone 2, Lagos State, to forthwith unseal the property in dispute preserved to avoid its destruction. This is the judgment of this court.”
The plaintiff (Orabuchi) had alleged that his fundamental rights as guaranteed under Sections 34, 35, 36, 37, 41, and 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Articles 9 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, had been breached.
He claimed that he purchased 3,000 square meters of reclaimed land situated at the back of Plot No A Block 12, Lekki Peninsula Scheme, Lagos State from the Landlord, Mr. Emecheta Elvis Eze, which has nothing to do with the premises where the business entities are located.
The plaintiff filed the suit to shield him from honouring invitation of the Nigeria Police Force, following a Petition against him by Prof. Mike Ozekhome, SAN, (lawyer to Mr. Emecheta) over Mr Orabuchi’s conduct that amounts to criminal trespass, damage to property and threat to life.
After counsel in the matter made their submissions, Justice Musa said that the applicant is entitled to the rights to personal liberty, freedom of movement, and property interests as guaranteed under Sections 35, 41, and 44(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Articles 9 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
The court held, “It is hereby declared that the 1st to 4th respondents cannot by virtue of any letter of invitation or threat of arrest, detention, or incarceration, howsoever, described, deny the applicant his constitutional rights to personal liberty, freedom of movement, and ownership of property, pursuant to Sections 35, 41, and 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Articles 9 and 14 of the African Charter on Human and Peoptes’ Rights (Ratification and Enforcement) A t.
“It is hereby declared that the letter of invitation dated 11th November 2025, issued by the 3rd respondent on behalf of the 1st respondent (Nigeria Police) directing the applicant to report to the 4th respondent in connection with a purely civil matter arising from the contract of sale of land between the applicant and the 5th respondent (Emecheta Elvis Eze) in a property measuring 3,000 square metre situated at Plot No. A, Block 12, Lekki Peninsula Scheme, Lagos State, is contrary to Sections 34(1)(a), 35(1), 36(1) & (12), 37, 41, and 44(1) of the Constitution of the Federal Republic of Nigeria, 19%9 (as amended), as well as Articles 9 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, and is therefore unconstitutional, illegal, null and void, and of no effect whatsoever.
“It is hereby declared that the 1st respondent, whether acting through the 2nd respondent, any other officer under its command and control, including the 3rd and 4th respondents, or any section, unit or department however described, cannot, under the guise of an investigation, invite, arrest, detain, or otherwise harass the applicant, whether on its own volition or at the prompting or instigation of the 5th respondent or an. other person, in respect of the contract of sale dated 25th January 2023 between the 5th respondent and the applicant, the dispute being purely civil and contractual in nature.
