Chairman of Platform Capital Akintoye Akindele has dragged the Inspector General of Police (IGP) Kayode Egbetokun and five others before a Federal High Court in Lagos for allegedly detaining him beyond the limit provided by the constitution.
The five other defendants in the suit are the Nigeria Police Force, Summit Oil International Limited, the late Moshood Abiola’s daughter Zulikat Abiola, Duport Energy Limited and Oluwatosin Odusanya.
Akindele, in a fundamental rights suit, brought pursuant to sections 35(1), 36, 41(1) and 46(1) of the constitution, filed by his lawyer Bolaji Ayorinde (SAN), prayed for an order mandating the police and the IGP to immediately release him, having continuously incarcerated him for a period more than 96 hours after his arrest.
The applicant is also seeking an order of perpetual injunction restraining the respondents, whether by themselves, agents, servant privies or any other person acting on or purporting to act on the respondents’ instructions or otherwise from further detaining or harassing him or otherwise violating the applicant’s fundamental human rights as guaranteed by the Constitution of Federal Republic of Nigeria 1999, and African Charter on Human And Peoples Rights (Ratification and Enforcement) Act, 2004.
He is also seeking “a declaration that it is not the statutory function of the Nigerian Police and the Inspector General of Police to act as a debt recovery agent and extract payment terms from him on contractual obligations between him and the respondents.”
He further asked for a declaration that his continuous detention constitutes a gross violation of his right to personal liberty and freedom of movement and therefore contrary to sections 35 and 41(1) constitution of the Federal Republic of Nigeria, 1999 (as Amended) and Articles 4, 5, 6, and 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap A9 LFN, 2004 and a declaration that it is not the statutory function of the police to surreptitiously oppress him and abuse its powers in contempt of judicial process in order to overreach the proceedings in the various pending litigations over the management control of Duport Midstream Company Limited where the applicant holds 73.9375 per cent shareholding through his company.
He also asked the court to declare that it is not the statutory function of the police to surreptitiously oppress and/or misuse its powers to harass and intimidate him under the guise of investigation of the alleged offence of fraudulent diversion of funds and other undisclosed allegations.
He supported his suit with a 62-paragraph affidavit deposed to by Adebanjo Ojedapo, a litigation manager in the law firm of B.A. Law LLP, counsel to the applicant.
According to the deponent, Akindele, by a product sale agreement dated October 11, 2017 and an addendum thereto dated October 12, 2018, Duport Midstream Company Limited contracted Abiola for supply of crude oil for the operation of Energy Park situated at Egbokor, Edo State, adding that she failed, refused and neglected to perform on its obligations under the agreement by failing to keep up with the supply of crude oil.
He stated that due to the failure of Abiola to perform its obligations under the product sale agreement to supply crude oil to the Energy Park, Duport Midstream Company Limited incurred losses and could not get feedstock.
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He stated that by a notice of claim for shortfall in supply of condensate dated September 3, 2021, the applicant’s company, Duport Midstream Company Limited claimed against Abiola and Duport Energy Limited, the sum of $9,806,309.77 for shortfall the company suffered due to Abiola’s failure to supply crude oil as contracted.
He averred further that the orchestrated invite and arrest by the police as well as the coordinated social media campaign against him is part of the extrajudicial measures being used by the respondents in concert with the aforesaid Mobolaji Kuku and Oladipo Adeniyi to wrestle control of the management control of Dunort Midstream Company limited from him.
The affidavit stated further “that the applicant has been in the custody of the 1st & 2nd Respondents for a period over 96 (Nine Six) hours, yet to be released on bail on favourable terms for a bailable offence; that the applicant recognises the right and power of the 1st & 2nd Respondents to investigate the alleged crime; however, the latter should not detain, harass or intimidate the Applicant while the investigation is ongoing.
“That the allegations of fraudulent conversion of funds is yet to be investigated and the guilt of the same is yet to be proved, hence the Applicant is entitled to his Fundamental Human Rights to personal liberty, freedom of movement, dignity of human person, among other rights.”
