Police on Land Matters: Illegal arrests and detention of artisans and church members working on land belonging to a church

By Bayo Akinlade, Esq

In a recent development, Policemen from FCID Alagbon, led by A.I.G. Margaret Ochalla,
are again connected to being used by individuals to resolve disputes over land. What is upsetting here is that this dispute is already before the courts!

Why is it too hard for the police to stay out of land disputes? Why can’t the police simply obey the laws? What is the AIG’s personal interest in this land?

It is becoming intolerable for law abiding citizens to continue to accept the excesses of BAD policemen and corrupt Police leadership in this country.

Duty Solicitors Network was just made aware of an incident involving a church whose workers were arrested by the Nigeria police.

A complaint addressed to the Assistant Inspector-General of Police by the church is as follows:

The Nigeria Police Force Criminal Investigation Dept. (FCID) Annex Alagbon Close, Ikoyi, Lagos

Dear Madam,
RE: SUIT NO. LD/5321LM/2025 RICHARD DOSU ADELU & ORS VS MAKUACHUKWU CHUKWUJAMA AND CHIEF JOHN OGUNYEMI IN THE MATTER OF ASSAULT OF PERSONS, DAMAGE TO PROPERTY AND USE OF FORCE/SELF-HELP IN ATTEMPT TO ILLEGALLY TAKE OVER PROPERTY AT NO. 12, OYE BALOGUN STREET, OFF FREEDOM WAY, ITEDO, LEKKI, LAGOS – CONTEMPT OF COURT.

The above subject matter Suit and our letters dated 7th March, 2025 and 14th March, 2025 in respect of the above Suit refers.

We remain Solicitors to Richard D. Adelu, Eunice A. Adelu and Babatunde Aina of Celestial Church of Christ, Zion Parish , off Freedom Way, Itedo, Lekki, Beneficial Owners and Occupiers of the above mentioned property on whose instructions we communicate the following.

On behalf of our Clients, we write to complain of the unlawful arrest and detention of members and workmen (16 in total) at the Church property upon your direction which unfortunate event took place on Thursday 17th April, 2025.

This was in disregard of the Order of Court of 4th April, 2025 served on MR. MAKUACHUKWU CHUKWUJAMA AND CHIEF JOHN OGUNYEMI and delivered to you on 14th April, 2025 through Force Headquarters Annex, Kam Salem House, where you began to handle the matter.

We recall that before then we had also delivered Court processes to you on 7th March, 2025 to show that the property in question was the subject matter of litigation by which our Clients had sought pre-emptive orders of injunction from the Court.

By Ruling of the Court on Friday 4th April 2025, honourable Justice O.O. Ogunjobi of the High Court of Lagos State granted our Clients 3 pre-emptive injunctions among which was an injunction restraining MR. MAKUACHUKWU CHUKWUJAMA AND CHIEF JOHN OGUNYEMI from trespassing, threatening or disturbing our Clients’ peaceful enjoyment of their property, either by themselves or through the use of third parties.

That meant that the Respondents, either directly or indirectly through use of third parties, including law enforcement agents are forbidden to threaten or disturb our Clients’ peaceful enjoyment of their property, which includes working on their land.

However, the 1st Respondent illegally attempted to circumvent the Court Order by further complaining to police through a third party (Elegushi family) through whom he claims title. This was in disobedience of the Order of Court since the Order restrains the Respondents, by themselves, agents or other persons acting on their behalf.

To be clear, a complaint to the Police by the Elegushi family for the benefit of their purported purchaser, MAKUACHUKWU CHUKWUJAMA, was an act done on behalf of the 1st Respondent, MAKUACHUKWU CHUKWUJAMA and therefore in clear breach of the Order of Court. Such an attempt to circumvent a Court Order on behalf of the 1st Respondent in order to disrupt our Client’s peaceful enjoyment of their property was in contempt of Court and the Police lack jurisdiction to entertain it.

Consequently, the arrest of the 16 men from our Client’s property and the seizing of artisan/work implements was unlawful, in contempt of Court and lacking in jurisdiction.

The petition surreptitiously lodged by a Mr. Adedeji of the Elegushi family at the instance of the 1st Respondent amounted to giving false information to the Police. The Petitioner alleged that our Clients brought armed men to work on their own land within their own fenced compound in disobedience of a Court order which he claimed restrained all parties from working on the land. This was false. None of the 16 persons arrested was armed and upon enquiry by the Solicitor who attended FCID Alagbon to represent the men, no Court order was presented by the Police. Until such Court order is produced, it will appear that the Police invaded our Clients’ property to arrest members and workmen on the basis of unverified and false information given to the police.

Following the unlawful arrests of members and workmen on 17th April, 2025 and seizing of their artisan tools, Church Chairman, Mr. Babatunde Aina, was served with a letter of invitation to attend a fact finding investigation scheduled for Tuesday 22nd April, 2025 at 10.00 hrs. We are of the humble view that to continue to investigate a matter which is the subject matter of on-going litigation undermines the jurisdiction of the court at the risk of contempt proceedings ensuing.

The matter being “sub judice”, the Complainants’ recourse is to the Court only, without further attempts to undermine the Court’s jurisdiction in whatever guise. Our Clients therefore humbly decline the invitation and any further invitation by the Police regarding challenge to the peaceful enjoyment of their property now the subject matter of Court proceedings. To do otherwise will be disrespectful of the Court and an undermining of the rule of law.

Any aggrieved party is at liberty to join issues with our Clients in Court wherein the Court has assumed jurisdiction in the matter of peaceful enjoyment of our Clients’ property, rather than engage in self-help either directly or indirectly through use of third parties, including law enforcement agents.

Thank you for your co-operation.
Find attached a copy of the enrolled order of Court.

My Comments
I will continue to have hope in the Police and in the administration of justice in this country.

The police should STOP taking petitions and complaint made to it at face value but must thoroughly investigate these claims by so-called petitioners.

We know the police is under funded and underpaid but to collect bribes and gratification to arrest and detain citizens is a criminal act in itself and the Police must desist from such activities lest we face the ugly consequences of a failed State.

Yes, don’t care today because the Police is hungry but who is not hungry in Nigeria today, who is not pained by the current economic situation? The excuse to take bribes is no longer acceptable and if goes unchecked will compromise the safety and security of this nation.

THE NIGERIA POLICE SHOULD STOP GETTING INVOLVED IN LAND MATTERS.

STOP ILLEGAL ARRESTS AND DETENTIONS!

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