By Anthony Ochela, Abuja
Federal High Court in Abuja has scheduled May 17 for judgement in the fundamental rights suit filed by President of the Nigerian Baptist Convention, Reverend Israel Akanji, against the Nigeria Police Force and several others.
Justice Obiora Egwuatu fixed the date after parties in the suit adopted their processes.
Reverend Akanji, in a fundamental rights enforcement suit, is seeking redress over what he described as a smear campaign, harassment and rights violation, following a petition accusing him of forging the constitution of First Baptist Church, Garki, Abuja, and misappropriation of church funds.
In the suit marked FHC/ABJ/152/2025, Akanji named the Nigeria Police Force, Inspector General of Police, IGP, senior officers of the Nigeria Police Force, including CP Ajani Musibau Omolabi, DCP Rita Oki Oyintare and others, as well as a petitioner, Engr Adekunle Mokuolu.
Akanji, in an originating motion filed by his lawyer, Ovrawah Ogaga (SAN) is seeking, among others, a declaration that his invitation, arrest and detention on June 5, 2024, by the first to sixth defendants as a result of the seventh respondent’s petition against him is wrongful, unlawful, illegal, unconstitutional and a flagrant violation of his rights to personal liberty.
Akanji also sought an order of injunction restraining the first to sixth respondents from inviting, wrongly arresting, molesting and detaining him on account of the ‘false, baseless and malicious ‘ petition written by the seventh respondent among other reliefs.
The applicant is demanding an order that the respondents pay, jointly and severally, the sum of N1billion being compensation and damages for the harassment and expenses suffered during the violations and deprivation of his fundamental rights.
However, in a court document sighted by our correspondent, Mokuolu (seventh respondent) in a counter affidavit in opposition to the originating motion maintained that his petition was filed in good faith to address the alleged abuse of office and financial irregularities against the church.
Mokuolu insisted that the police acted within their legal mandate by inviting Akanji. He insisted that the applicant was never arrested or detained as claimed but was released on bail based on relf-recognition on the same day he was invited by the officers (first to sixth respondents).
He dismissed Akanji’s claim of rights violation, noting that the matter has already resulted in criminal charges pending before the FCT High Court in Kwali in the suit marked CR/1045/24.
The seventh respondent told the court that granting the fundamental rights reliefs sought by Akanji would undermine ongoing judicial proceedings.
The respondent averred that the first to sixth respondents have a duty to investigate crimes and were only carrying out their duty by inviting the applicant to help with their investigation.
The seventh respondent said it was untrue that he insisted that the first to sixth respondents invite the applicant to their office severally as he does not have the power to control the way they carry out their duties under the law.
He also maintained that the applicant is not entitled to a hefty and deterrent cost as damages against the respondents who were carrying out their lawful duties.
Mokuolu asked the court to dismiss the motion as the interest of justice will not be served if the application is granted.
Efa Oka, counsel to the seventh respondent, prayed the court to dismiss the applicant’s case with substantial cost as “same is an attempt to shield himself from criminal prosecution.”
He argued that “the applicant has not established that the complaint of the seventh respondent which borders on allegation of forgery and misappropriation of funds was done mala fide.”
Meanwhile, Justice Obiora Egwuatu will deliver his ruling on May 17 on the suit marked FHC/ABJ/152/2925.
