A Federal High Court in Lagos has delivered a pointed rebuke to the Nigeria Police Force, ruling that its involvement in a private property dispute crossed into intimidation and abuse of power. In a judgment with potentially wider implications, Justice Lewis Allagoa ordered the Inspector-General of Police (IGP) and five other defendants to pay N500 million in damages to a Lagos-based real estate developer, Dr. Harrison Agboifon.
The decision, delivered in suit number FHC/L/CS/16644/2023, found that the actions of the police and associated parties violated Agboifon’s fundamental rights, particularly his right to personal liberty.
Dispute That Escalated Beyond Civil Boundaries
At the heart of the case is a property transaction in Abijo GRA, Ibeju-Lekki, Lagos. Agboifon, Managing Director of Landmark Corporate Realty Limited, entered into an agreement with Bright Omozejele, who acted on behalf of Solviz Resources Limited, for the sale of a three-bedroom bungalow.
The agreed price was reduced from N37 million to N36.5 million, with payment to be completed within 12 months. Court filings show that only N19 million was paid, leaving a substantial balance outstanding after the December 2021 deadline.
Rather than pursue civil remedies, the buyer allegedly petitioned the police. Agboifon’s counsel, Ikechukwu Anima, argued that the matter—being contractual—did not warrant criminal investigation or police intervention.
According to submissions before the court, the developer was repeatedly invited to report to police authorities in Abuja, including the office of the Commissioner of Police in charge of Interpol. Anima described the invitations as coercive and inappropriate, given that the transaction occurred in Lagos and involved no criminal allegation.
Court: Police Overstepped Their Mandate
Justice Allagoa agreed with the applicant’s arguments, declaring the police actions unconstitutional. The court held that summoning Agboifon to Abuja over a Lagos-based civil dispute amounted to intimidation and a violation of his rights under Section 35(1) and (3) of the 1999 Constitution.
The judge further ruled that threats of arrest and detention in the circumstances were unlawful and reinforced a principle frequently stated but inconsistently enforced: law enforcement agencies must not be used to settle private civil disputes.
In addition to the monetary award, the court issued a perpetual injunction restraining the police and their agents from further harassment or attempts to compel Agboifon’s appearance in Abuja pending the final resolution of the matter.
The damages are to be paid jointly and severally by all defendants, including the IGP, the Commissioner of Police, Interpol-related offices within the Force Headquarters, CSP Abdullahi Sanusi, Bright Omozejele, and Solviz Resources Limited.
A Recurring Problem in Nigeria’s Justice System
The judgment touches on a longstanding issue within Nigeria’s legal landscape: the use of police institutions to enforce or pressure outcomes in civil disputes, particularly in commercial and property matters.
Legal practitioners have repeatedly warned that such practices blur the line between civil and criminal law, often exposing individuals to undue pressure, reputational damage, and, in some cases, unlawful detention.
For ordinary Nigerians—especially small business owners and property buyers—the implications are significant. Police involvement in civil disagreements can tilt the balance of power toward those with influence or access, undermining confidence in both the justice system and law enforcement.
What Happens Next
While the ruling is clear, enforcement may prove complex. Large damages awarded against public institutions are not always promptly paid, and the defendants retain the right to appeal the decision.
If upheld, however, the judgment could strengthen calls for clearer operational boundaries within the police force and greater accountability for rights violations. It may also embolden other victims of similar practices to seek redress through the courts.
Why This Case Matters
Beyond the immediate parties, the case underscores a critical question: who protects citizens when those tasked with enforcement overstep their authority?
Justice Allagoa’s ruling sends a signal that the courts are willing to check such excesses. Whether that signal translates into systemic change within policing practices remains to be seen.
For now, the decision stands as both a legal precedent and a caution—reminding law enforcement agencies that the pursuit of justice must remain within the bounds of the law they are sworn to uphold.
