Court fixes Dec 9 for ruling on Jolapamo’s suit against IGP, AGF
Justice Ambrose Lewis-Allagoa of the Lagos Federal High Court has held
that it would be contemptuous for the Nigeria Police to go ahead with
the proposed arraignment of a 76-year-old, ex-president of the
Nigerian Indigenous Shipowners Association (NISA), Chief Isaac
Jolapamo, over alleged illegal possession of firearms, despite subsisting order restraining same.
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 Inspector General of Police (IGP), his estranged wife,
Olufunke Otti Jolapamo, and the Attorney General of the Federation
(AGF) gave the warning to police.
The court, thereafter, fixed
December 9 for ruling in the suit.
At the proceeding, Femi Falana, lawyer to Chief 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.
He said: “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.”
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 are
saying that 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.
He stated that Section 46 of
the Constitution empowered the court to protect the rights of any
citizen to liberty.
He urged the court to grant the applicant.
Opposing the suit, counsel to the respondents, B.O Omang, submitted
that since a charge has been filed before the court, the only option
available to Jolapamo is 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.
He said the applicant’s
suit is an abuse of court and should be dismissed.
Justice Lewis -Allagoa had earlier granted a motion ex parte filed on
November 1, against the Inspector General of Police, Olufunke Otti
Jolapamo and Attorney General of the Federation, 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,
pending the final determination of the origination motion, herein.
In affidavit in support of the suit, deposed to by the applicant,
Jolapamo, he averred that the second respondent, Olufunke Otti
Jolapamo, 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 averred 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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