Human Rights: Court Restrains IGP, Two others from Prosecuting ISOAN Chieftain

By Frank Oshanugor

A Federal High Court sitting in Lagos has ordered parties in a human right suit filed by Chief Isaac Morakinyo Jolapamo, Founder and Board of Trustees Chairman of indigenous Ship Owners Association of Nigeria,ISOAN, against the Inspector General of Police and two others, to maintain status quo.

Joined as defendants in the suit are Mrs. Olufunke Titi Jolapamo and the Attorney General of the Federation as second and third defendants respectively.
Counsel to Jolapamo, the human rights lawyer Femi Falana, a Senior Advocate of Nigeria (SAN) moved Motion Ex-parte dated and filed on the 1st day of November, 2022 praying the Honourable Court for the following Orders:-

1. AN ORDER of interim injunction restraining the Respondents either by themselves, servants or privies from arraigning the Applicant via Charge No. FHC/L/404C/22 alleging illegal possession of possession of firearms at the Federal High Court, Ikoyi, Lagos pending the final determination of the originating motion herein.
2. AN ORDER of this Honourable Court permitting the service of the Originating Motion and other processes on the 3rd Respondent through the Force Criminal Investigation Department, Alagbon, Ikoyi, Lagos and the 3rd Respondent at the Federal Ministry of Justice, Annex, Marina Street, Lagos.

Hon. Justice Lewis Allagoa, after hearing the submission ordered the parties to maintain status quo and adjourned the matter to the 17th day of November, 2022.

ORIGINATING MOTION ON NOTICE below
Pursuant to:

1. Order Il Rules 1, 2, 3, 4, 5 & 6 of the Fundamental Riqhts (Enforcement Procedure) Rules 2009 as Preserved by Section 315 of the 1999 constitution.
2. Sections 34(1), 35, 36 and 46 of the 1999 Constitution of Federal Republic of Nigeria (as amended).
3. Articles 3, 5, 6, and 7 of the African Charter on Human and Peoples’ Riqht (Ratification and Enforcement) Act (Cap A9). Laws of the
   Federation of Niqeria, 2004 and Under the Inherent Jurisdiction of this Honourable Court
   TAKE NOTICE that this Honourable Court will be moved on the . …day of ..2022 at the hour of 9 0’clock in the forenoon or so soon thereafter as counsel may be heard on behalf of the Applicant for: (an order for the enforcement of the Applicant’s fundamental rights in terms of the reliefs sought in the Statement accompanying the affidavit in support of the application)
   A. A DECLARATION that the decision of the 1ST Respondent to prefer Charge No. FHC/L/CS/404C/2022 dated 7th July, 2022 against the Applicant for unlawful possession of fire arms at the Federal High Court, Ikoyi, Lagos is illegal and unconstitutional as it violates the Applicant’s fundamental right to dignity of his person guaranteed by section 34 of the Constitution of the Federal Republic of Nigeria, 1999 as Amended and Articles 5 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP AIO) Laws of the Federation of Nigeria, 2004.
   B. A DECLARATION that the decision of the 1st Respondent to prefer Charge No. FHC/L/CS/404C/2022 dated 7th July, 2022 against the Applicant for unlawful possession of fire arms at the Federal High Court, Ikoyi, Lagos on November 4, 2020 is illegal and unconstitutional as it violates the Applicant’s fundamental right to personal liberty guaranteed by section 35 of the Constitution of the Federal Republic of Nigeria, 1999 as Amended and Articles 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP AIO) Laws of the Federation of Nigeria, 2004.
   C. A DECLARATION that the planned arraignment of the Applicant via charge No. FHC/L/CS/404C/2022 dated 7th day of July, 2022 at the Federal High Court, Ikoyi, Lagos on November 4, 2022 is illegal and unconstitutional as it violates the Applicant’s fundamental right to fundamental right of fair hearing guaranteed by section 36 of the Constitution of the Federal Republic of Nigeria, 1999 as Amended and Articles 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP AIO) Laws of the Federation of Nigeria, 2004.
   D. AN ORDER quashing and setting aside Charge No. FHC/L/CS/404c/22 alleging illegal possession of fire arms against the Applicant at the Federal High Court, Ikoyi Lagos.
   E. AN ORDER restraining the Respondents either by themselves, servants or privies from arraigning the Applicant via Charge No. FHC/L/CS/404c/22 alleging illegal possession of possession of fire arms against the Applicant at the Federal’ High Court, Ikoyi Lagos.
   F. AN ORDER directing each of the Respondents to pay the sum of NIOO, 000, 000.00 (One hundred million naira only) as compensation to the Applicant for the violations of his fundamental rights to dignity, personal liberty and fair hearing.
   G. AN ORDER directing each of the Respondents to apologize publicly to the Applicant in two major newspapers for the violations of his fundamental rights to dignity, personal liberty and fair hearing.
   H. AN ORDER of perpetual injunction to restrain the 1st and 2nd Respondents from inviting, arresting, detaining, charging and arraigning the Applicant for illegal possession of fire arms at the Federal High Court in any manner whatsoever and howsoever.

AFFIDAVIT

1. NAME AND DESCRIPTION OF THE APPLICANT
   The Applicant is ISAAC MORAKINYO JOLAPAMO, a Nigerian citizen, retired civil servant and former President, Founder and Board of Trustees Chairman of indigenous Ship Owners Association of Nigeria.
2. RELIEFS SOUGHT BY THE APPLICANT
   A. A DECLARATION that the decision of the 1ST Respondent to prefer Charge No. FHC/L/CS/404C/2022 dated 7th July, 2022 against the Applicant for unlawful possession of fire arms at the Federal High Court, Ikoyi, Lagos is illegal and unconstitutional as it violates the Applicant’s fundamental right to dignity of his person guaranteed by section 34 of the Constitution of the Federal Republic of Nigeria, 1999 as Amended and Articles 5 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP AIO) Laws of the Federation of Nigeria, 2004.
   B. A DECLARATION that the decision of the 1st Respondent to prefer Charge No. FHC/L/CS/404C/2022 dated 7th July, 2022 against the Applicant for unlawful possession of fire arms at the Federal High Court, Ikoyi, Lagos on November 4, 2020 is illegal and unconstitutional as it violates the Applicant’s fundamental right to personal liberty guaranteed by section 35 of the Constitution of the Federal Republic of Nigeria, 1999 as Amended and Articles 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP AIO) Laws of the Federation of Nigeria, 2004.
   C. A DECLARATION that the planned arraignment of the Applicant via charge No. FHC/L/CS/404C/2022 dated 7th day of July, 2022 at the Federal High Court, Ikoyi, Lagos on November 4, 2022 is illegal and unconstitutional as it violates the Applicant’s fundamental right to fundamental right of fair hearing guaranteed by section 36 of the Constitution of the Federal Republic of Nigeria, 1999 as

Amended and Articles 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP AIO) Laws of the Federation of Nigeria, 2004.
D. AN ORDER setting quashing and setting aside Charge No. FHC/L/CS/404c/22 alleging illegal possession of possession of fire arms against the Applicant at the Federal High Court, Ikoyi Lagos.

E. AN ORDER restraining the Respondents either by themselves, servants or privies from arraigning the Applicant via Charge No. FHC/L/CS/404c/22 alleging illegal possession of possession of fire arms against the Applicant at the Federal High Court, Ikoyi Lagos.
F. AN ORDER directing each of the Respondents to pay the sum of NIOO, 000/000.00 (One hundred million naira only) as compensation to the Applicant for the violations of his fundamental rights to dignity, personal liberty and fair hearing.
G. AN ORDER directing each of the Respondents to apologize publicly to the Applicant in two major newspapers for the violations of his fundamental rights to dignity, personal liberty and fair hearing.
H. AN ORDER of perpetual injunction to restrain the 1st and 2nd Respondents from inviting, arresting, detaining, charging and arraigning the Applicant for illegal possession of fire arms at the Federal High Court in any manner whatsoever and howsoever,

3. GROUNDS FOR SEEKING RELIEFS
   The 2nd Respondent wrote a petition to the 1st Respondent wherein she made allegation of illegal possession of firearms against the Applicant.
   ii. That upon the conclusion of the investigation, the 1st Respondent found that “From the totality of the evidence adduced so far, the complainant motive is to take over the property, which already the matter is in court. The criminal allegations against the suspect cannot be substantiated, hence, there is no prima facie case against the suspect.”

iii. In spite of the above findings and recommendation the 1st Respondent has filed Charge No.FHC/L/CS/404c/22 alleging illegal possession of possession of fire arms at the Federal High Court, Ikoyi Lagos.

iv. The Charge No FHC/L/CS/404c/22 filed against the Applicant at the Federal High Court, Ikoyi Lagos alleging illegal possession of fire arms has violated his fundamental right to dignity guaranteed by section 34 of the Constitution of the Federal Republic of Nigeria 1999 as amended.
vi. The planned arraignment of the Applicant by the 1st Respondent based on the 4th Respondent’s allegation of illegal possession of firearms constitutes a threat to his fundamental rights to personal liberty and fair hearing guaranteed by sections 35 and 36 of the Constitution of the Federal Republic of Nigeria 1999 as amended.
Dated at Lagos
October, 2022

AFFIDAVIT IN SUPPORT OF ORIGINATING MOTION ON NOTICE
1, ISAAC MORAKINYO JOLAPAMO, Male, Nigerian Citizen, Businessman of No. 23, Olusegun Aina Street, Park-view Estate Ikoyi Lagos, do hereby make oath and state as follows:

1. I am the Applicant herein and I am familiar with the facts depose hereunder.
2. That I am a 76-year old retired civil servant, former President and Founder and Board of Trustees Chairman of indigenous Ship Owners Association of Nigeria.
3. That the 2nd Respondent is my wife who until recently lived together with me at No. 23 Olusegun Aina Street, Park-view Estate, Ikoyi, Lagos.
4. The aforementioned property was purchased for the sum of N420 million from the proceed of the sale of my vessels (Mor-Prosperity and Mor-Power that were sold in November, 2017 at a price of over N800 Million and the proceed was paid into the CTSR First Bank account of the 2nd Respondent.
5. Trouble started when the 2nd Respondent informed me sometime on 14th November, 2020 via WhatsApp message of her intention to sell the aforementioned property.
6. I rejected the plan to sell the property and demanded for the account of how the balance sum of over N800 million from the sales of my two vessels.
   When I confirmed that the 2nd Respondent was bent on selling the said property, I placed a caveat on same and filed Suit No LD/3034LM/2020 to stop the sale of the property.
7. Following the facts in paragraph 5 above, and being frustrated by the steps I took to stop her from selling the property, the 2nd Respondent carried out a failed assignation attempt on my life on 5th February, 2021.
8. I petitioned the police over the attempt by the 2nd Respondent to kill me and the police investigated and confirmed the allegation.
   8 The 2nd Respondent escaped arrest but the police arrested her agents and charged them before the Magistrate Court, Yaba Lagos.
9. The bench warrant for the arrest of the 2nd Respondent is yet to be executed by the police.
10. That in order to divert attention from being prosecuted for attempted murder the 2 nd Respondent wrote a frivolous petition to the 1st respondent alleging that she had been threatened with unlicensed firearm whereas she was not staying in house.
11. That I was invited on several occasions by the IGP Monitoring Team, Abuja and Force CID, Alagbon, Lagos to answer the allegation in the petition written by the 2ND Respondent against me for gun running.
12. I was arrested by the agents of the 1st Respondent on March 31, 2021 and taken to Alagbon Close, Ikoyi, Lagos where I was detained for 6 hours.
13. I was summoned by a letter dated 6th December 2021 and I reported on December 6, 2021 at Alagbon Close, Ikoyi, Lagos where I was detained for 6 hours. Attached herewith and marked Exhibit I is a photocopy of the letter.
14. I was also summoned by a letter dated 7th October, 2021 and when I reported at Alagbon Close, Ikoyi, Lagos I was detained for 4 hours by the agents of the 1st Respondent. Attached herewith and marked Exhibit 2 is a copy of the invitation letter.
15. When I reported on October 13, 2022, I was given a copy of the Charge against me by the agents of the 1 st Respondent. Attached herewith and marked Exhibit 3 is a copy of the Charge and the Proof of Evidence.
16. That I was also invited to Force CID, Alagbon and served with a 3-count charge of unlawful possession of firearm in Charge No. FHC/L/CS/404C/2022.
17. That upon the conclusion of the investigation, the 1st and 2nd Respondents found that “From the totality of the evidence adduced so far, the complainant motive is to take over the property, which already the matter is in court. The criminal allegations against the suspect cannot be substantiated, hence, there is no prima facie case against the suspect.”
18. In spite of the above findings and recommendation the 1st Respondent has filed Charge No.FHC/L/CS/404c/22 against me alleging unlawful possession of possession of fire arms at the Federal High Court, Ikoyi Lagos.
19. By filing Charge No FHC/L/CS/404c/22 against me at the Federal High Court, Ikoyi Lagos alleging unlawful possession of possession of firearms the Respondents have violated my fundamental right to dignity guaranteed by section 34 of the Constitution of the Federal Republic of Nigeria 1999 as amended.
20. By filing Charge No FHC/L/CS/404c/22 against me at the Federal High Court, Ikoyi Lagos alleging unlawful possession of possession of firearms the Respondents have violated my fundamental right to personal liberty and fair hearing guaranteed by sections 35 and 36 of the Constitution of the Federal Republic of Nigeria 1999 as amended.
21. The 3rd Respondent has failed to stop my planned arraignment by the 1st Respondent.
22. That I make this affidavit in good faith, believing same to be true and correct and in accordance with the oath Act.