By Our Reporter
In a bid to forestall their arrest and detention over alleged civil matters a Lagos business woman Modupe Elabanjo, alongside two others, Akinola Oloruntoba and Makinde Jimoh, have dragged, the Assistant Inspector General of Police, Force Criminal Investigation Department, FCID, Ikoyi, Alagbon, Lagos before a Lagos High Court.
But the Police claimed that the suit is a ploy to frustrate investigation into alleged conspiracy, forgery, perjury and obtaining money by false pretence, contained in a petition written against the applicants by a Lagos Lawyer, Kola Shodiya.
Joined as co-defendants are a Police officer Adeoye Bolaji, Deputy Commissioner of Police FCID, Alagbon, Ikoyi, Lagos; Inspector Godfrey Graceman and Kola Shodiya.
According to the affidavit in support of statement of facts sworn to by appointed attorney of the estate of late David Taiwo Elabanjo,and filed before the court by Barrister Tolulope Ige, the deponent averred that the first child of the deceased Modupe Elabanjo gave him power of attorney dated 24th of January 2006 to recover on her behalf portions of a10.5 acres of land acquired by her father in his life time which had been encroached upon by trespassers.
However, since March 2020 they have been receiving letter of invitation and calls from the Nigeria Police base on a petition written to the AIG Nigeria Police Zone 2 Lagos with false allegation that they conspired to commit malicious damage and forceful takeover of parcel of land with criminal content in a purely civil matter.
In view of this, the applicants are urging the court to restraint the respondents and their agents from further infringing on their fundamental human right.
However, in a counter affidavit sworn to by Inspector Geofery Akwo, while denying almost all the averments of the applicants, stated that on 26th of February 2020 received a petition containing allegations of conspiracy, forgery, perjury, Obtaining money by false pretence and stealing through fraudulent conversion among others against the applicants and their cohorts as revealed in the petition in the course of the investigation.
The applicants were alleged to have forged a deed of Assignment between Mr David Taiwo Elabanjo and one Mr Victor Chizoba Eze purportedly signed by the said David Taiwo Elabanjo in 2017 when the said David Taiwo Elabanjo died on 9th April,1983.
Consequently, the Police are performing their lawful duties and have not in any way infringed on the fundamental rights of the applicants, therefore, urged the court to dismiss this suit with punitive cost for bringing this action to embarrass the respondents and unnecessarily putting them through the hug of litigation.
Mr Akwo contended that the suit is instituted to truncate investigation, evade prosecution and pervert cause of Justice.
In his response, Barrister Shodiya stated that the application of the applicants is brought in bad faith and attempt to stall the Police from investigation of their fraudulent activities, therefore it will be in the interest of justice for the court to refuse the prayers of the applicants and order Police to carry on with their investigation and charge the applicants to Court.