Justice Deinde Dipeolu of a Lagos Federal High Court, Lagos, has dismissed a fundamental rights enforcement suit filed by an alleged Visa racketeer, Muhammed Abas Yelwah against the Inspector-General of Police (IGP) and six others.
The judge dismissed the suit for lacking in merit.
The respondents listed alongside IGP in the suit marked FHC/L/CS/1217/2023; Commissioner of Police, Lagos State; Inspector Rotimi Ogunmuyiwa; Inspector Ugwuoke Christian Jideofor, who were represented by Barrister Morufu Animashaun of the legal department of ForceCID, Annex, Alagbon-Ikoyi, Lagos.
Other respondents include; one Mr. Jamiu, First Bank of Nigeria Plc and Zenith Bank Plc.
Parts of the reliefs sought by the alleged Visa racketeer against the defendants includes: “a declaration that the applicant is not privy to the contract for the procurement of travel visa to European Country entered into by the 5th Respondent and one Mr. Sheu Ayans.
“A declaration that the applicant is not indebted to the 5th respondent or liable to make any refund of money whatsoever in respect of the Contract for the procurement of travel visa to European Country entered into by the 5th respondent and one Mr. Sheu Ayans.
“A declaration that the act of arresting and detaining the Applicant by the 1st, 2nd, 3rd and 4th respondents in connivance with the 5th respondent is unlawful, unconstitutional and an infringement of the applicant’s Right to personal liberty, Freedom of Movement and dignity of human persons.
“A declaration that the act of the 1st, 2nd, 3rd and 4th respondents directing the 6th and 7th respondents to place a No Debit and/or restriction on the applicant’s First Bank Account No 3005124764 with Account Name Abas Muhammed Yelwah and Zenith Bank Account No 2087245954 with Account Name Abas Muhammed Yelwah and the subsequent act of the 6th and 7th respondents in placing a No Debit and/or restrictions on the said Applicant’s First Bank Account and Zenith Bank Account poses a threat to the Applicant’s life and same is unlawful, unconstitutional and an infringement on the Applicant’s Right to life.
“An order of injunction restraining the 5th respondent from using the services of the 1st, 2nd, 3rd and 4th respondents or any of the officers of the 1st and 2nd respondents or any security or law enforcement agency to arrest, detain intimidate and/or harass the applicant, thereby depriving the applicant of his fundamental human right to personal liberty, dignity of human person, freedom of movement pending the hearing and determination of the substantive matter.
“An order of injunction restraining the 1st, 2nd, 3rd and 4th respondents or any other officers of the 1st and 2nd respondents or any other security or law enforcement agency, their servants, agents and/or privies from arresting the applicant for any alleged, perceived and/or imagined wrong in connection with this matter.
“An order of court directing the 6th and 7th respondents to immediately remove the lien or place no debit and/or restriction placed on the applicant’s First Bank Plc. Account No. 3005124764 with Account Name Abas Muhammed Yelwah and Applicant Zenith Bank Ric. Account No 2087245954 with Account Name Abass Muhammed Yelwen,”
In urging the court to dismiss the suit, the first to fourth respondents through their lawyer, Barrister Animashaun, told the court that the IGP and it’s officers listed in the suit, only acted on the petition dated January 12, 2022, against the applicant, wherein he was alleged to have received sum monies from some people under the pretence of procuring them Visa to Canada.
Animashaun further made the followings: “that the petitioner, one Muraina Jamiu Olaide was invited and he volunteered his statement on 20th January, 2022 and brought Canadian Visas Numbers E732846103 (in the name of Muraina, Jamiu Olaide), 732844187 {in the name of Muraina, Muibat Omobukola), E732844318 (in the name of Muraina, Mazeed Oluwatoni), E732845181 (in the name of Muraina, Hanz Oluwademilade) and E7322848210 (in the name of Muraina, Abdulmugeet Oluwafikayo) which were procured for him and his children by one Alhaji Shehu Ibrahim and Salami Aishat Temitope acting In concert with one Muhammed Abas Yelwah (the Applicant to the suit.
“The petitioner, one Muraina Jamiu Olaide stated that upon presentation of the documents (i.e. the visas) at the Canadian Embassy, they were turned back for being forgeries.
“That upon the foregoing, Invitations were extended to Alhaji Shehu Ibrahim, Salami Aishat Temitope and Muhammed Abas Yelwah (the Applicant) to respond and state their own sides to the Criminal complaints against them but all efforts to get them to respond to the Petitions prove abortive as Salami Aishat Temitope who resides at No. 17, Old Olodo Street and Muhammed Abas Yelwah who lived at No. 3 Bakare Lane, Agege, became evasive and nocturnal avoiding coming back to their residences.
“That due to the evasive tactics by the suspect, Warrant of Arrests were issued by Chief Magistrate A.F.O. Botoki Court 1, Lagos for the arrest of the suspects. Annexed as Exhibits C& C1 respectively, are certified copies of the warrants of arrest dated 2nd day of February, 2022. And that it took the Police a consistent surveillance and tracking before Muhammed Abas Yelwah (the Applicant) was apprehended on 30th day of August, 2022, while Salami Mariam Temitope was arrested on 5th day of September, 2022 but one Alhaji Shehy Ibrahim was still at large.
“That contrary to the depositions that Muhammed Abas Yelwah was not part of the criminal syndicate of fake visa and obtaining the sum of N11 million from one Muraina Jamiu Olaide and that he innocently provided his Zenith Bank Account number and First Bank account number for the receipt of the money, investigation reveal that apart from releasing his banks accounts for receipt of the moneys, the Applicant even went to the shop of one of the victims Taibat Bukola Yusuf at Mandilas, Lagos to collect her Nigeria International Passport under the guise of procuring her a Canadian Visa, the victim having paid the sum of N1 million, into the Applicant’s account with the promise to pay the remaining N2 million.
“That findings in the course of investigation extensively reveal that the Applicant was part of the criminal plot as he knew from onset that Alhaji Shehu Ibrahim and Mariam Temitope were sent out to defraud unsuspecting visa applicants when he volunteered that his Zenith Bank and First Bank accounts should be used and ever went to the victims shops to collect International Passports from them Under the guise of procuring Canadian Visa for the would be Applicants turned victims.
“That the 5th Respondent only became aware of the criminal intention of the applicant, Shehu Ibrahim and Salami Temitope Marima, when the Canadian Visas brought to the 5th respondent and his friends by the applicant turned out to be fake and then applicant had already bolted away. It was then 5th Respondent called Salami Temitope Mariam to prevail on Shehu Ibrahim for refund of the money and return of his Nigeria international Passport and all calls and efforts, by the 5th Respondent and his friends for the refund of the money and retum of their Nigeria International Passports proved abortive.
“That immediately, the applicant was out of the banking hall, he was arrested and was first taken to Agege Police Station where my team initially booked for enforcement before he was taken to Force CID Annex, Alagbon Close, Ikoyi same day for investigation. And that as at the 2nd day of September, 2022, the applicant was unable to produce any surety to stand for his release on bail. Consequently, a remand application was applied for and granted by Chief Magistrate O, Y. Adefope sitting at Magistrate Court 3A, Yaba for the remand of the Applicant unitil 4th day of October, 2022.
“That there was never a time the applicant was compelled by the 3rd and 4th Respondents to pay the sum of N200,000,00 as a flight fee to Ghana for the arrest of Shehu Ibrahim rather upon information of the location of Shehu Ibrahim Ghana, permission was sought and got by the 3rd and 4th Respondents to proceed to Ghana for the arrest of Shehu ibrahim and mail was sent Ghana Police vide letter dated 13 September, 2022 of the location of the Police Station in Ghana where suspect was being investigated.
“That the offences of conspiracy, obtaining by false pretences and forgery against the applicant were committed in Lagos Nigeria before the alpplicant escaped to Ghana to avoid criminal prosecution and there was never any indication that the criminal indictments had been settled in Ghana.
“That investigations revealed and that the Applicant aided in the forgeries of the Canadian Visas and that he personally went to Petitioner’s shop at Mandilas, Lagos to collect from the petitioner, one Murana Jamiu Olaide and went to the shop of one Taibat Bukola Yusuf same at Mandilas, Lagos to collect their Nigerian International Passports under the guise of procuring for them Canadian Visas but later brought fake Canadian Visas to them.”
The First Bank Plc, through its lawyers, Barrister Uche Ezeiro, told the court that the post no debit placed on the applicant’s accounts, was sequel to valid Court orders obtained by the police.
First Bank also urged the court to dismiss the applicant’s suit for for lack in merit.
Delivering judgment in the suit, Justice Dipeolu after perusing all the processes and submissions of the parties, and citing plethoras of authorites, held that: “I have carefully read through the applicant’s Statement dated the 30th of August, 2022.
“The applicant admitted therein that Jamiu Olaide the 5th respondent in this case paid monies Into his account for the Visa Process and that he immediately transferred the monies to Alhaji Shehu who resides in Ghana. Definitely, there is no way the 1st to 4th respondents would have omitted to invited the applicant whom money passed through his account to a Third-Party Alhaji Shehu for questioning In the course of Investigation of obtaining money under false pretence. The Police are at liberty to investigate any allegation of crime made by any person.
“l observed that the applicant was granted administrative bail by the 1st to 4th respondents on the 31st of August, 2022, as per Exhibit G, this was a day after the applicant was arrested and detained. The 1st and 4th respondents complied with the provisions of Section 35 (3) and (4) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The applicant was granted bail within a reasonable time and within confines with the law.
“Therefore, the inability of the Applicant to perfect his bail and which prolonged his stay in detention till the 5th of September, 2022 cannot be visited on the 18 to 4th Respondents who had lawfully granted the Applicant administrative bail on the 311 of August, 2022. The Applicant has no immunity in law from being investigated for allegation of committing any criminal offence.
“Therefore, his right to personal liberty was not breached merely by reason of his invitation, arrest and investigation on the basis of the petition written by the 5th respondent for conspiracy, obtaining the sum of Eleven Million Naira under false pretence and stealing. I so hold.
“The above argument made by the Applicant is unfounded in law, the law is clear that a non-juristic person cannot sue or be sued before a Court of Law.
“In all, the onus lies on an applicant who alleges that he was arrested and detained to show that the respondent set the law in motion against him and that the respondent was actively instrumental to his arrest and detention, the applicant must also show that the arrest and detention were unlawful.
“In the instant case the applicant has not adduced before this Court sufficient and credible evidence establishing that his fundamental rights were infringed by the respondents.
“The applicant’s application therefore fails in its entirety. I refuse all the reliefs sought by the applicant. This is the judgment of this Court.”
