After spending more than three months in the custody of two police formations over what could have being a dispute between an extranged husband and wife or at best a civil contractual dispute between husband and wife, reprieve came the way of a Lagos based business man Hamza Yusuf Nnamdi Ejiofor today as a Federal High Court sitting in Lagos granted an order directing the police stop further arrest, harassment or intimidation of the applicant..
Justice Daniel Osiagor while granting an interim order restrained officers of the Nigerian Police Force (NPF) from arresting and detaining and further detaining a businessman, Hamza Yusuf Nnamdi Ejiofor, over a purported petition write against him by his estranged wife.
The trial judge made the restraining order while granting an Exparte motion filed by the businessman’s lawyer, CGM Achomadu, but moved by Barrister Evans. Ajoku, in a suit marked FHC/L/CS//2025.
Listed as first to seventh respondents in the suit are: The Inspector General Of Police
C/o Legal Department Federal ForceCID, Alagbon Close, ikoyi, Lagos; The Commander IGP Monitoring Unit, THE Nigeria Police Force Headquarters Annex, Kam Salem Building, Lagos; Mr Ojo Odion Charles (IPO), IGP Monitoring Unit, the Nigeria Police Force Headquarters, Annex,
Kam Salam Building, Lagos; The Inspector General of Police (AIG) Zone 2, Headquarters, Zone II, Onikan, Lagos; Ebenezer Democracy IPO (Officer-in-Charge), C/O, OC Legal Dept. Zone II Command Headquarters Zone II, Onikan, Lagos; MEKS Vivian Lavita; and Mr. Oladimeji Ikotu.
The businessman, who is the operator of Zulu Restaurant and Lounge located at Road 21, FESTAC Town, Lagos State, has approached the court in a motion Ex-parte pursuant to Section 35, 36, 41 & 46 (1)(2) of the Constitution of the Federal Republic of Nigeria (as Amended); Articles 6, 7 and 12 of the African Charter On Human and Peoples’ Rights (Ratification and Enforcement) Act Cap A9 LFN 2004 and the Fundamental Rights (Enforcement Procedure) Rules, 2009.
The applicant, specifically asked the court for the followings reliefs: “An order of interim injunction restraining the 1st to 5th respondents their privies agents and/or any officers acting under the instruction of the Inspector General of Police, Deputy Inspector General of Police, the Commissioner of Police, Police Special Fraud Unit (PSFU), Adewusi House, 14 Milverton, Ikoyi, Lagos, their deputies, assistants and all other officers under their control and command, from continuing to detain and restricting the movement of the Applicant, pending the determination of the Substantive suit.
“An order of interim injunction restraining the 1st to 5th Respondents their privies agent officers acting under the instruction of the Inspector General of Police, Assistant-Inspector General of Police, the Commissioner of Police, Police Special Fraud Unit, Adewusi House, 14 Milverton, Ikoyi, Lagos, their deputies, assistant and all the officers under their control and command, from further inviting, arresting, detaining the Applicant pending determination of the suit.
“And such other incidental or consequential orders as Honourable Court may deem necessary to make in the circumstances of case.”
Meanwhile, the judge, after making the restrained order, adjourned the hearing of the substantive suit against all the respondents to April 29.
Parts of the businessman averments in an affidavit support of the Exparte motion deposed by his younger brother, Chukwudi Ejieofor, reads as follows: That the Applicant has been arrested and detained by the Nigeria Police Force severally based on petitions, albeit arising from the same set of facts, submitted by the 6th and 7th Respondents.
That on January 20 2025 at about 2100 hour, officers of the Nigeria Police Force, on a purported petition similar to petitions previously investigated by the same police, invaded the applicant’s business place at Festac, without an arrest warrant, and arrested and whisked the Applicant away to Adewusi House, 14, Milverton, Ikoyi, Lagos State.
“That on the next day being January 21, 2025, the Applicant’s lawyers and myself visited the Police Special Fraud Unit (PSFU) at Adewusi House, 14, Milverton, Ikoyi, Lagos State to find out why the applicant was arrested in a commando-like operation and taken away without explanation.
“That I and the Applicant’s lawyers were informed that the 6th and 7th Respondents petitioned the Applicant alleging the offence of obtaining by false pretence, which is the same false allegation that was made by the 6th Respondent against the Applicant.
“That the 6th respondent submitted the same petition to the Police on 18/01/2024. A copy of the petition is herein attached and marked Exhibit Al
“That the petition submitted on 18/01/2024 was thoroughly investigated by the Police and a charge was preferred against the Applicant. And that the charge was struck out for want of diligent prosecution. A certified true copy (CTC) of the struck out order is herein attached and marked Exhibit A2
“That still on the strength of the petition, on 15/02/2024 the police filed Suit No. FHC/L/MISC/45/2024 before this Honourable Court, wherein they obtained a Post-No-Debit Order, that was in force for over four months, against the Applicant’s account with Access Bank Plc.
“That the Police concluded investigation on the petition and reported to this Honourable Court that there was no case against the Applicant. Following which the Court granted the Police application for Suit No. FHC/L/MISC/45/2024 to be struck out.
“That the Applicant’s lawyers explained the above circumstances to the Police that this petition is a domestic or at best civil/commercial matter (between husband and wife) that the AIG’s office at Zone II, Onikan, Lagos investigated and found to be unsubstantiated.
“That when the investigating police officer (IPO) DSP Sunday Ubani heard the explanation made by the Applicant’s lawyers he became angry and held a secret meeting with only the petitioner’s representative and her lawyers and returned to ask me and the Applicant’s lawyers to bring documents to support the claims made in the explanation the following day.
“That the next day when I and the Applicant’s lawyers got to the PSFU with the requested documents, to our greatest surprise, the IPO refused to receive the documents brought and presented by the Applicant’s lawyers, which documents establish that the said petition had been decisively determined.
“That the IPO thereafter ordered the Applicant back to the Police cell where he has been detained since January 20, 2025 till this moment, without any reasonable explanation as to why he is been detained on an allegation that had been investigated and concluded by the AIG’s office.
“That the Applicant has been very ill at the Police cell, which is what led me and the Applicant’s lawyers to appeal to the Police to grant the Applicant administrative bail to enable the Applicant attend to his failing health, but all to no avail,
“That the Police do not give me or the Applicant’s lawyers attention any time we get there to inquiry of why the Applicant is still being detained over a matter that has no substance and the subject matter of this pending suit.
“That I have been very worried of the Applicant’s failing health. The Applicant as an asthmatic patient is suffering many attacks while at the police cell with medical care or attention.
“That the Police are acting on a baseless petition filed in proxy without deeming it fit to invite the petitioner to attend an interview to clarify the allegations against the Applicant.
“That the Applicant will continue to unjustly suffer in the hands of the Police if this Honourable Court does not rise up to the occasion to protect the Applicant for this incessant harassment, arrest and detention without justification.”
Narrating his ordeals in the hands of his wife, the applicant said he met his extranged wife in the state of New York, US and that they were married for five years before things started falling apart and that they are presently in the state of divorcing each other.
He further told the court that since he came back to Nigeria and settle down but his wife who is not ready to come back home has been using all means to frustrate him and his business using proxies like her family member and the police to continue to harass and intimidate him and frustrate his life and business
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