JNC International , Afe Babalola University’s Dispute: Court Stops Police From Arresting Company’s Directors
Justice T G. Ringim of the Federal High Court sitting in Lagos, today restrained the Inspector-General of Police and all police officers in the country from inviting or arresting the Directors and members of staff of JNC International Limited over a dispute that arose in the course of a civil contract for the supply and installation of medical equipment .
Justice Ringim’s order followed an ex-parte application filed and argued on behalf of the company by its lawyer, Mr Ebun-Olu Adegbooruwa, SAN, before Justice T. Ringim.
Plaintiffs had in a 74-paragraphs affidavit deposed to by the Managing Director of JNC International, Mrs Clare Omatseye, averred that Afe Babalola University approached the company for the supply and installation of medical equipment for the use of the College of Medicine of the University and the said equipment was imported and installed.
Omotseye added that because the university could not guarantee constant electricity supply to power the equipments, an issue of proper maintenance arose and that the company rose up to and resolved the challenge even at great costs to it.
The company Managing Director further stated that in line with the sale agreement between the parties, Aare Afe Babalola, SAN, through his law firm gave notice to commence arbitration and an arbitrator was indeed appointed, however the issues were subsequently resolved and the arbitration was called off.
However, the plaitiffs said it was shocked to receive an invitation letter from the Rapid Response Squad of the Ekiti State Police Command at the instigation of Afe Babalola University, leading to the forceful invasion of the company premises by policemen and officers of the university on August 3, 2022 in commando style, whereupon two members of the staff of the company were forcefully driven away from Lagos to Ekiti in the dead of the night.
The plaintiffs further averred that on their way to Ekiti, the police convoy ran into armed robbers around 2am resulting into a fierce shootout and the two members of staff of the company were caught in the fire fight.
It was also averred that all pleas to allow them to lodge in a hotel in Osun State were rebuffed as they were forcefully driven to Ekiti State and kept in custody at the instigation of Afe Babalola University and Aare Afe Babalola, SAN.
Plaintiffs further stated that the police in Ekiti State kept the members of staff of the company in custody as a ransom for the appearance of directors of the company and were told that they would only be released upon the directives of Aare Afe Babalola, but were subsequently released late Saturday August 6, 2022.
In the affidavit the plaintiffs stated that unless the court intervenes urgently, the police will still carry out its threat of invading the office of the company and may arrest and detain its directors upon a purely civil matter for which Aare Afe Babalola, SAN himself had previously initiated arbitration proceedings.
The applicants also claimed that Aare Afe Babalola, SAN was instigating and using policemen to torment the them and to force them into signiy undertakings under duress.
After listening to the submissions of Ebun Olu- Adegboruwa, SAN, the trial judge, Justice T. G Ringim in his ruling on the Exparte application, directed all parties to the dispute to maintain status quo ante bellum prevailing before the filing of the suit .
Sued as respondents in the suit are the Inspector-General of Police, the Assistant Inspector-General of Police, the Commissioner of Police, Ekiti State, the Rapid Response Squad Ekiti State, Afe Babalola University, Ado-Ekiti and Aare Afe Babalola, SAN.
According to the suit filed on August 8, 2022, the Applicants are seeking amongst other reliefs:
A declaration that the 1st – 3rd Respondents are not entitled to arrest, detain or in any other manner restrict the liberties of the 1st – 4th Applicants, in flagrant violation of the 1st – 4th Applicants’ fundamental rights guaranteed under section 35 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 6 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, CAP 10, Laws of the Federation of Nigeria, 1990.
A declaration that the arrest and detention of the 1st and 2nd Applicant on August 3, 2022, by the 1st – 3rd Respondents, their agents, servants, officers or otherwise, in lieu or in place of Director(s) of JNC International Limited, the 5th Applicant, are unlawful, illegal and constitute a flagrant violation of the 1st and 2nd Applicants’ fundamental rights guaranteed under sections 35, 36, 41 and 46 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 6, 9 & 12 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004 and therefore unconstitutional, null and void.
A declaration that the detention, confinement and incarceration of the 1st and 2nd Applicants from August 3, 2022 till August 6, 2022, by the 1st – 3rd Respondents, their agents, servants, privies, officers or otherwise howsoever without bringing the 1st and 2nd Applicants before a court of law is a clear violation of the 1st and 2nd Applicants’ fundamental human rights guaranteed under section 34, 35, 36, 41 and 46(1) of the Constitution of the Federal Republic of Nigeria, 1999 and is therefore illegal,unconstitutional, null and void.
A declaration that the invitation letter dated 26th July 2022 by the 1st, 2nd and 3rd Respondents to the Directors of the 5th Applicant and others subsequent, at the instance, behest and/or instigation of the 4th – 5th Respondents, jointly or severally, in respect of commercial and/ or civil transactions/dispute between the 5th Applicant and the 4th – 5th Respondents, constitutes a flagrant violation of the 3rd and 4th Applicants’ fundamental rights guaranteed under sections 35 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and is therefore illegal, unconstitutional, null and void.
The Plaintiffs are also seeking for an injunction restraining the 1st – 3rd Respondents, whether by themselves, their servants, agents, officers or otherwise howsoever from further arrest and detention of the 1st and 2nd Applicants.
An Injuctionrestraining the 1st – 3rd Respondents, whether by themselves, their servants, agents, officers or otherwise howsoever from compelling the 3rd and 4th Applicants, either by threat of arrest, arrest, detention or prosecution to attend any meeting, interview or honor any invitation whatsoever in any manner hindering the full exercise of the 3rd and 4th Applicants’ personal liberties and fundamental rights as guaranteed under Sections 35, 36 and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) .
An Injuction restraining the 1st – 3rd Respondents, whether by themselves, agents or servants or otherwise from invading the premises and property of the 5th Applicant at 30, Raymond Njoku Street, Off Awolowo Road, Ikoyi, Lagos State, on the behest of the 4th – 5th Respondents.
An Injuction , restraining the Respondents whether by themselves, their servants, agents, privies or otherwise howsoever, from enforcing, executing, implementing or in any other manner deploying or giving effect to any and all undertakings, forcefully extracted under duress from the Applicants by the 1st -3rd Respondents at the behest and instigation of the 4th and 5th Respondents in respect of commercial and or civil transactions/dispute between the 5th Applicant and the 4th – 5th Respondents.
An Injuction restraining the 4th – 5th Respondents whether by themselves or their agents, solicitors or otherwise howsoever from instigating the 1st – 3rd Respondents and any law enforcement agencies in Nigeria against the Applicants in respect the 5th Applicant’s civil transactions/ dispute with the 4th – 5th Respondents.
Payment of one billion naira as general, aggravated, special and exceptional damages against the Respondents, jointly and/ or severally for the violation of the fundamental rights of the Applicants.
Payment of one hundred million naira against the 4th – 5th Respondents being the cost of instituting and prosecuting this suit.
Meanwhile, Justice Ringim has adjourned hearing of the Motion on Notice till August 18, 2022.
