SaharaReporters reported on Sunday that an Enugu State Magistrate Court had remanded Emejulu, an estate developer accused of demolishing the perimeter fence of the airport that reportedly encroached into his property.
The counsel for Mr Jonathan Emejulu, an estate developer accused of demolishing the perimeter fence of the Akanu Ibiam Airport, Mr Alex Amujogu has accused the police authorities in Enugu State of abuse of power and disregard to valid court judgements.
SaharaReporters reported on Sunday that an Enugu State Magistrate Court had remanded Emejulu, an estate developer accused of demolishing the perimeter fence of the airport that reportedly encroached into his property.
The paper reported that the administration of former Governor Ifeanyichukwu Ugwuanyi, in 2020 demolished Emejulu's twin duplex house in the state capital as retaliation for the demolition of the airport fence during the execution of state high court judgements that gave him possession of the Airport Layout Phase IV and V.
Speaking in an interview with SaharaReporters, Amujogu lamented the arrest, incarceration, and imprisonment of his clients by Enugu State Police Commissioner, Kanayo Uzuegbu, insisting that the law "can never and will never be a funnel to injustice," as the law is there for justice.
Giving a detailed explanation of what happened, the lawyer said that his client occupied the Airport Road Layout Phase IV and V Umuenwene Iji Nike Community, "in line with the judgement of the honourable court as presided over by several judges of the state High Court which gave possession to Architect J.J. Emejulu."
"He was duly issued with a certificate of possession by the High Court of Enugu State and he was therefore occupying the said land when he was arrested on Friday, January 12, 2024, wherein the police from the State Criminal Investigation Department (SCID) arrested him and took him to their office where he was notified that there was allegation made against him, showing that he was in possession of property that belongs to the Federal Airport Authority.
"He said no, that the land in question belongs to him and was confirmed by a High Court judgement which even empowered the police force to protect him and protect his interest in that land. Because there was an Order of Mandamus compelling the police in Enugu State to arrest and prosecute anybody trespassing into the property using self-help to damage properties or hinder the duly executed judgement of the court delivered in respect of Airport Road Layout Phase IV and V in Suit No E/642/2016 between Mr Alexander Obaji & ANOR Vs ARC. J.J Emejulu & ANOR delivered by Justice J.L.C. Okibe."
He described it as unfortunate that the same people to whom the High Court had given judgement after issuing an Order of Mandamus to protect his property and safeguard him, were the same people who turned against him.
He said, "So it is like a hunter becoming hunted.
"It is unfortunate and an aberration in the eyes of the law because the law says if you have a right, you have a right to be protected. But in this case, somebody who has a right, who has a certificate of possession from the High Court is being arrested, detained, and charged to Court on the 15th of January, 2024 where he was accused of malicious damage to the property of FAAN (Federal Airport Authority of Nigeria) when the property in question belongs to him.
"So there was no room for them (police) to use the eye of an eagle to appreciate his argument," adding that the police closed their eyes to judgements that were shown to them.
"They rather without regard to the court judgements that have remained unchallenged, charge him to court and remanded him in prison, because of the nature of the charge made against him. Though a bailable offence, they brought the charge under a federal Act and in their share wickedness arraigned him in a Magistrate Court that has no power to grant bail on the issue of Federal Act."
He explained that only the Federal High Court had jurisdiction over the Federal Act.
He said, "But to humiliate him, embarrassed and put him in a quagmire they now pigeonhole the charge under a federal Act and by that federal Act, it is under Miscellaneous Offences Act, which said that only the federal High Court that has jurisdiction to entertain issue of malicious damages as regards the property of the federal government.
"So, we questioned the power of the honourable Magistrate Court to even entertain that charge in the first place because if the federal Act that you are coming under had expressly made it clear that is only a federal High Court that can try him why should they now bring him before a Magistrate Court that has no jurisdiction if there was nothing sinister agenda.
"We questioned it but this is all a gangster plan to just embarrass him because ab initio he ought not be arrested by the commissioner of police Enugu State and be charged in Magistrate Court. The same commissioner of police the High Court has made an Order to protect him and his property has now turned against him to now being accused person and he now becomes a Complainant."
"The most unfortunate thing," further explained was that the police had seized his mobile phones and cars after they had remanded him in prison custody. "I have approached them that his phones and cars should be released to him because they are not part of the issue on the ground - the charge before the court.
"The phones and the cars are not even exhibits before the court but up till now the police in Enugu State have failed to release them. It is another breach of his fundamental rights to own property and guaranteed by the law of the land.
"We have also informed them (police) that the law can never and will never be a funnel to injustice. The law is a funnel to justice. There's no amount of coverage, no amount of painting that the complainants or those who are involved will use to cover what is clear within the eyes of the law.”
He said, "But in this case it is unfortunate, it is pitiable, it is an aberration that those who should enforce the judgement of Courts, those who have given the mandate to protect judgement of Court have now started making move to turn orders of the court to be a tissue paper or a toothless bulldog.
“But it can never happen because even though the will of justice is very slow it must surely get to its destination.
“So we are calling on the authorities involved - the commissioner of police and the federal agencies they are using, who are parties to this case that they should have to rethink and make an immediate U-turn to ensure that this charge levelled against him is withdrawn, and seek a way for him to accommodate them one way or the other.”