A Federal High Court, in Lagos has granted an Order of Interim Injunction, restraining the Inspector General of Police, any of his servants or proxies, from arraigning highly revered Nigerian shipping magnate, Chief Isaac Morakinyo Jolapamo, on charges of allegation of illegal possession of firearms.
The restraining order was also extended to two other respondents: Olufunke Otti Jolapamo and Attorney General of the Federation.
This was sequel to an Ex-parte motion, dated November 1, 2022; praying the Honourable Court, for the following orders:
*AN ORDER of interim injunction restraining the Respondents either by themselves, servants or privies from arraigning the Applicant via Charge No. FHC/L/404C/22 alleging illegal possession of firearms at the Federal High Court. ikoyi, Lagos pending the final determination of the origination motion herein.
*AN ORDER of this Honourable Count permitting the service Of the Originating
*Motion and other processes on the 3rd Respondent through the Force Criminal Investigation Department, Alagbon, Ikoyi Lagos, and the 3rd Respondent at the Federal Ministry of Justice, Annex, Marina Street, Lagos.
Consequently, His Lordship, the Honourable Justice A. Lewis- Allagoa, after reading the affidavit in support of the Motion sworn to by Chief Jolapamo; and after hearing the submission of the Senior Advocate of Nigeria, Femi Falana (SAN), with Edwin Anikwem Esq. counsel for the Applicant move in terms of the Motion paper, ordered as follows:
- That parties are hereby ordered to maintain status quo.
The matter was thereafter, adjourned.
The Maritime First gathered that the originating motion, on notice, was brought, pursuant to:
“0rder II Rules 1, 2, 3, 4, 5 & 6 of the Fundamental Right (Enforcement Procedure) Rule 2009 as Preserved by Section 315 of the 1999 constitution.
2. “Sections 34 (1) 35, 36 and 46 of 1999 constitution of Federal Republic of Nigeria as amended.
3. “Articles 3, 5, 6 and 7 of the African Charter -n Human and Peoples’ Right (Ratification and Enforcement) Act (Cap A9). Laws of the Federation of Nigeria, 2004 and under the inherent jurisdiction of this Honorable Court”.
In the prayers of the Shipping magnate, the legal counsels had actually sought for the following:
A.
“A DECLARATION that the decision of the 1st Respondent to prefer Charge No. FHC/L/CS/404C/2022 dated 7th July 2022 against the Applicant for unlawful possession of firearms at the Federal High Court, Ikoyi, Lagos is illegal and unconstitutional as it violates the Applicant’s fundamental right to dignity of his person guaranteed by section 34 of the Constitution of the Federal Republic of Nigeria, 1999 as Amended and Articles 5 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of the
Federation of Nigeria, 2004.
B
“A DECLARATION that the decision of the 1st Respondent to prefer Charge No. FHC/L/CS/404C/2022 dated 7th July 2022 against the Applicant for unlawful possession of firearms at the Federal High Court, Ikoyi, Lagos on November 4, 2020, is illegal and unconstitutional as it violates the Applicant’s fundamental right to personal liberty guaranteed by section 35 of the Constitution of the Federal Republic of Nigeria, 1999 as Amended and Articles 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of me Federation of Nigeria, 2004.
C “A DECLARATION that the planned arraignment of the Applicant via charge No. FHC/L/CS/404C/2022 dated 7th day of July 2022 at the Federal High Court, Ikoyi, Lagos on November 4, 2022, Is illegal and unconstitutional as it Violates the Applicant’s fundamental right to the fundamental right of fair hearing guaranteed by section 36 of the Constitution of the Federal Republic of Nigeria, 1999 as Amended and Articles 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of the Federation of Nigeria, 2004.
D. “AN ORDER quashing and setting aside Charge No. FHC/IJCS/404c/22 alleging illegal possession of firearms against the Applicant at the Federal High Court, Ikoyi Lagos.
E. “AN ORDER restraining the Respondents either by themselves, servants or privies from arraigning the Applicant via Charge No. FHC/L/(3/404c/22 alleging illegal possession of firearms against the Applicant at the Federal High Court, Ikoyi Lagos.
F. “AN ORDER directing each of the Respondents to pay the sum of N100, 000,000.00 (One hundred million naira only) as compensation to the Applicant for the violations of his fundamental rights to dignity, personal liberty, and fair hearing.
G. “AN ORDER directing each of the Respondents to apologize publicly to the Applicant in two major newspapers for the violations of his fundamental rights to dignity, personal liberty, and fair hearing.
H. “AN ORDER of perpetual injunction to restrain the 1st and 2nd Respondents from inviting, arresting, detaining, marging and arraigning the Applicant for illegal possession of firearms at the Federal High Court In any manner whatsoever and howsoever”.