Justice Ambrose Lewis-Allagoa of the Federal High Court sitting in Lagos has fixed December 9 for ruling in the suit filed by the former President of the Nigerian Indigenous Shipowners Association (NISA), Isaac Jolapamo, against the Inspector General of Police (IGP), Usman Baba, over alleged illegal possession of firearms.
Justice Yelim Bogoro, who presided over the charge filed by the police against Jolapamo, had earlier fixed December 2 for his arraignment, but Justice Lewis-Allagoa, after hearing the suit filed by Jolapamo against the IGP, his estranged wife, Olufunke Otti Jolapamo, and the Attorney General of the Federation (AGF) warned that it would be contemptuous for the police to go ahead with the proposed arraignment of the former NISA President.
At the proceeding, Femi Falana, lawyer to Jolapamo, while challenging the charge filed against his client, argued that the police had already concluded investigation, and upon the conclusion of the investigation, the police held that there was no case against Jolapamo, and there was no prima facie case established against him.
“Investigation so far conducted revealed that the subject matter of this case borders on claim of ownership of property, and the matter is pending before the Lagos High Court,” Falana said.
He stated that if Jolapamo is arraigned, his rights to liberty and fair hearing would be violated.
He told the court that the respondents have not challenged the facts presented by the applicant, but were saying since a charge has been filed, Jolapamo must appear and take his plea.
Citing a plethora of legal decisions, Falana argued that there was no basis for the charge filed by the police, adding that Section 46 of the Constitution empowered the court to protect the rights of any citizen to liberty.
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He, however, urged the court to grant the applicant.
Opposing the suit, counsel to the respondents, B.O Omang, said since a charge has been filed before the court, the only option available to Jolapamo was to take his plea.
He argued that the applicant cannot raise an objection to the validity of a charge, which he has not taken a plea, saying the applicant’s suit was an abuse of court and should be dismissed.
Justice Lewis-Allagoa had earlier granted a motion ex parte filed on November 1, against the IGP, Olufunke Otti Jolapamo, and the AGF, in which the court ordered all parties to maintain status quo’ pending the determination of the suit against them.
Falana had approached the court to seek an order of interim injunction restraining IGP, AGF, either by themselves, servants, or privies from arranging his client, via charge no FHC/L/404C/22, alleging illegal possession of firearms at the Federal High Court, Ikoyi, Lagos State, pending the final determination of the origination motion.
In affidavit in support of the suit, deposed to by the applicant (Jolapamo), he said the second respondent, Olufunke, who wrote petition against him on the alleged offence his wife who, until recently, lived together with him at No. 23 Olusegun Aina Street, Park-view Estate, Ikoyi, Lagos.
He stated that the aforementioned property was purchased for N420 million from the proceed of the sale of his vessels (Mor-Prosperity and Moo-Power), which 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 second respondent.
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