A Lagos State-based businessman, Mr. Ikenna Elijah, who was invited by the Nigeria Police Force through an Assistant Commissioner of Police, ACP Elvis Amabeoku of the Force Criminal Investigation Department (FCID), Alagbon, Lagos State, has told the police that the matter is already in court and the police are not constitutionally allowed to delve into civil disputes.
The police had invited the businessman over a complaint lodged against him by one Mr. Chukwueze Linus Chineye,
Elijah while stating his position through his legal representative, Abope Chambers, said the said police invitation was extended to him on Wednesday through a phone call by the Investigating Police Officer (IPO) of the FCID, Alagbon, Mamah Moses.
His lawyer explained that the complainant, Chineye, after lodging his complaint with the police, instituted a civil suit in court on the same facts of his complaint of a civil dispute but without serving Elijah any court processes.
According to Elijah, on July 13, the court granted an Ex-Parte Order restraining him from continuing to use his shops and/or warehouse in two locations.
On August 11, Chineye caused the court Sheriff, along with four police officers to serve him the Ex-Parte Order and as they were serving the Ex-Parte Order, they locked up/sealed his shops and warehouse.
Elijah said that through his legal representative, he filed necessary court processes to challenge the legality of the Ex-parte order granted Chineye and the legality of locking up his shops and warehouse without prior service of the Court Order and without being afforded an opportunity to be heard.
He noted that the court had ruled that he had good grounds to be heard urgently, during Court vacation, as the matter had been adjourned to be heard on August 29.
"In the circumstances, please permit us to draw the attention of your office to the position of the law that the police is not allowed to delve into civil disputes particularly when the jurisdiction of the Honorable Court has been invoked by the parties involved.
"A plethora of Judicial Authorities, the Administration of Criminal Justice Act (2015), the Administration of Criminal Justice Law of Lagos State, as well as the Nigerian Police (Establishment) Act 2020, all frown against and exclude the involvement of the Police in Civil Disputes.
"We hope the Nigeria Police Force, as a creation of the Constitution of the Federal Republic of Nigeria, 1999, as amended, will allow the Honorable Court to discharge its Constitutional duty and/or mandate.
"In any society governed by the Rule of Law, no other person, private or public; no other public officer, organ or agency of government is higher or superior to the Court.
"Mr. Chukwueze Linus Chineye has dragged Our Client before the Court. Mr. Chukwueze Linus Chineye has caused the shops and warehouse of Our Client to be shut through Court Sheriff.
"The livelihood and/or existential survival of Our client, his family and those working for him is in jeopardy by the shutting of his business.
"Mr. Chukwueze Linus Chineye is still resorting to dragging Our Client before the Police after invoking the powers of the Court and enjoying the benefit of ex-parte orders obtained by suppression of critical facts.
"We plead that the Police should advise Mr. Chukwueze Linus Chineye to allow the Court to hear and determine the purely civil dispute he has with Our Client," Elijah's legal representative said.