…..awards N1million damages against police
An Osun State High Court sitting in Osogbo has slammed the Nigeria Police Force (NPF) over illegal impounding of a used Volkswagen Passat Saloon Car with Chassis NoVWVZZZBZWE293363 and Registration Number Osun SGB 708 AG, belonging to one Mr. Babatunde Soyode of Prism Steel Mills, Ikirun, warning the men of Nigeria Police to act within the ambit of the Law as the country was not a policing country where police could just do the way they like.
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The Presiding Judge, Justice W.O. Akanbi also awarded a sum of N1m damages against the Osun State Police Command for the unlawful seizure of the applicant’s car and the discomfort being suffered by Mr. Soyode
as a result of that seizure, maintaining that the reason for seizure of the car by the Police from the applicant was not tenable anywhere in the world, adding that the failure of the dealer of the Car to remit the proceeds of the sale of the Car to the Lady claimed to lodge complaint with the Police or the dealer of the Car was not sold at the agreed price with the Complainant, were none of the business of the applicant who is the purchaser and that contention was not
controverted, he is a bonafide purchaser for value. .
The plaintiff, Soyode of Prism Steel Mills, Ikirun, in a suit No:HOS/M.1/2017 was on 31st December, 2015 travelled to Ilorin, kwara State where he bought the Passat vehicle from BAS Motors Nig. Ltd with cash receipt No 574 for the sum of N600, 000(Six Hundred Thousand Naira and getting the Police clearance Certificate dated January 11th,
2016.
In a written addressed filed in further support of the application wherein the applicant’s counsel, Barrister Femi Ayandokun, canvassed legal arguments that the application, according to the affidavit of service sworn to on the 3rd of January, 2017 by Mr. A.Ademola., the bailiff of this court, was duly served on the 1st Respondent, the
Commissioner of Police and the 2nd respondent, DSP Clement Eludire on the 3rd of January were received on their behalf by one Edogun Sunday, while the Hearing Notices were subsequently served on the 12th day of January,2017 according to the affidavit of service in the court file.
The Court stated that ; “Although, the application and Hearing Notices were served on the Respondents, no response or counter-affidavit was filled on their behalf to the application up till the time of the hearing of the application on the 19th day of January and indeed up till time of this judgement.While the Court rely on the provisions of
order II rule 6 of FREP Rules 2009 are very clear as to what is required of a respondent who intends to oppose an application served on him for the enforcement of Fundamental Rights.
” Upon convincing and satisfactory proof that the Respondents in this case had adequate notice of the application but had refused and or neglected to file any written address or counter–affidavit within the time prescribed by O.II R.6 of 2009 FREP Rules, this Court granted leave to applicant’s counsel, Femi Ayandokun, Esq to move the
application. In moving the application, Mr. Ayandokun relied on the statement and affidavit filed in support of the application, as well as the exhibits attached threto. He adopted his written address and urged the Court to grant the three reliefs sought by the applicant”.
Granting the applicants’ reliefs dated 12th of April,2017, Justice Akanbi declared that the acts of the respondents in impounding and keeping the applicant’s Passat car since 13th of December, 2016 is illegal unlawful and constitutes an infringement of the applicant’s fundamental right as guaranteed by section 44 of the 1999 Constitution
of the Federal Republic of Nigeria (as amended) and I hereby order the immediate and unconditional release of the said vehicle by the respondents to the applicant.
The Presiding Judge further awarded the sum of N1, 000,000(One Million Naira) against the respondents (Police) as damages for the unlawful seizure or impounding of the applicant’s car and the breach of his fundamental right to own and keep movable property (i.e. the applicant’s car) as guaranteed by the section 43 of the 1999 Constitution of the Federal Republic of Nigeria.
Speaking on the development, a human rights activist, Comrade Adeniyi, Alimi Sulaiman, condemned the Police authority for not respecting the order of the court of competent jurisdiction on the subject matter since they have been duly served the Judgment, saying that the Police should conduct itself as members of civilized democratic society where the pronouncement of the Court were respected.
Sulaiman added: “We are not in banana republic and Animal Farms where the rule of society engagement could not be respected which any member of the society could just be doing as they like. The Police should train his men to see themselves as part of civilized democratic society where genuine democracy is order of the day. The action of the
Police on the subject matter is condemnable, unacceptable, satanic, evil, ungodly, aberration, abomination, illegal, uncivilized and crime against humanity and God. We would not allow this act of injustice to stand”
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