Justice Nicholas Oweibo, of a Federal High Court, Lagos, has dismissed a fundamental rights infringement suit filed by a lawyer, Okechukwu Obiajunwa, against the Lagos State Commissioner of Police and three others.
The court dismissed the suit for been frivolous and lacking in merit.
While ordering the complainant to pay the sum of fifty thousand naira to Mr. Chukwuemeka Robert, a former employer of Dana Airlines, who was fourth respondent in the suit.
The complainant, Okechukwu filed the suit against the Commission of Police alongside the Officers in-charge of ‘X’ Squad and Supol Admin Team 1 both of Lagos Police Command and Mr. Chukwuemeka Robert, in a suit marked FHC/L/CS/994/18.
He sought for a declaration that his invitation by the Police on June 7, 2018, at the instance of Mr. Chukwuemeka over a civil matter that still pending before National Industrial Court, Lagos, was unlawful, illegal, inhuman, and gross violation of his right to persona liberty as enshrined under section 35_ 41(1), 46(1) and (2) of 1999 Constitution of Nigeria (As amended).
He also asked the court for a declaration that the undertaking foisted on him by the Police without any formal investigation to pay Mr. Chukwuemeka total sum of ninety seven thousand naira over a civil matter still pending in National Industrial court, Lagos Nigeria, is void, unbinding, unenforceable and unsustainable.
The complainant is seeking for the sum of one million naira as damages against all the respondent for violation of his fundamental human rights among others.
However, the fourth respondent, Chukwuemeka, in his counters affidavit filed and argued by his lawyer, Oke Ojakovo, while urging the court to dismissed the lawyer’s suit for been frivolous and lacking in merit, had also urged the court to award an adequate cost in his favour against the lawyer.
Ojakovo told the court during the trial of the suit that the event that led to the arrest of the applicant was due to the petition written against him over his failure to release the entitlement received from Dana Airlines on behalf of him.
Mr. Ojakovo told the court that the action of the applicant contravened Rule 23 of the Rules of Professional Conduct For Legal Practitioners Act 2007.
“The fourth respondent paid the sum of N97,000.00 to the Applicant in other to institute legal action against his employer, Dana Airline Limited over his ARM Pension and the act of not remitting tax from his Salary to LIRS.
“Settlement was called by the employer, Dana Airline Limited and the firm agreed to pay the fourth respondent his ARM Pension amounting to N264,330.00 and a N200,000.00 for Legal Services, Cost and damages incurred by the fourth respondent”
“The fourth respondent was shocked to see that it was only the ARM Pension cheque that was sent to him by the complainant, Okechukwu Obiajunwa.
“He called the applicant on phone only to be told that the N200,000.00 paid for damages was written in his name and meant for him and not the fourth respondent”.
“The respondent see no reason why the Applicant withheld the money having paid for the service of the complainant”
After the narration, he urged the court to dismissed the lawyer’s suit with substantial cost in favour of his client, as the suit is frivolous and lacking in merit.
Delivering judgement, Justice Oweibo upheld the fourth respondent’s counsel argument and dismissed the suit and award fifty thousand naira damages against the lawyer in favour of the fourth respondent.
