The Inspector General of Police,
Nigeria Police Force Headquarters,
Louis Edet House,
Area 11, Garki,
Abuja, FCT, Nigeria.
Dear Sir,
RE: PETITION FOR THE IMMEDIATE RELEASE OF PERSONS ILLEGALLY ARRESTED AND WITHDRAWAL OF UNLAWFUL INVITATIONS IN RESPECT OF A PENDING LAND DISPUTE
We write as Solicitors to Mr. Ibrahim Wasiu Adeniyi and the members of the Adeniun Efunwumi Olatumdun Family (hereinafter referred to as “Our Clients”), in respect of the ongoing intimidation, harassment, unlawful arrests, and detention perpetrated by your men in connection with the subject matter of a land dispute located at Igigogoro, Okemokin, Ido Osun, Egbedore Local Government, Osun State.
We are constrained to bring to your attention the following facts and make the necessary prayers for your immediate intervention:
FACTS OF THE CASE
- Ownership and Encroachment
Our Clients are the rightful owners of the land located at Igigogoro, Okemokin, which has been in their family’s possession for over two hundred years.
However, in 2010, the Gbegede Enukoko/ Adeobu Family unlawfully encroached on the land and took possession of 615 hectares violently (vie et armis).
- Court Intervention and Order
In 2018, a representative of our Clients, Imam Onifade, instituted a suit against the Gbegede Enukoko Family (Suit No: HOS/18/2018) before Hon. Justice S.A. Oke of Osogbo High Court (5). A restraining order was issued against the Gbegede Enukoko Family, which they have continuously flouted.
The ownership dispute is currently pending before Hon. Justice Akano of High Court 1, Ede Judicial Division.
- Police Intimidation and Fundamental Rights Suit
Despite the pendency of the ownership dispute, the Gbegede Enukoko Family has resorted to the illegal use of the police to intimidate and harass our Clients. In September 2024, the men of the Dada Estate Police Division, Osogbo, arrested our Client, Mr. Wasiu Ibrahim, and others under the guise of criminal allegations arising from the land dispute.
Consequently, a Fundamental Rights Suit (HOS/M.159/2024) was filed, challenging the police’s unlawful actions, asserting that land disputes are civil matters outside the jurisdiction of the police, except where actual crimes are involved.
- Present Matter
Shockingly, agents of the Inspector General of Police Intelligence Response Team (IRT) have now further escalated the harassment by arresting the following individuals:
Oduola Azeez
Jimoh Inanolaji Anifowose
Mukaila Ashiru
ASP Tirimisiyu Adewuyi
Kehinde Adeyemo AKA “Asala”
These arrests were made despite the pendency of:
The ownership dispute before Hon. Justice Akano of High Court 1, Ede Judicial Division.
The fundamental rights suit pending before Hon. Justice Oyebiyi of High Court 5, Osogbo Judicial Division.
It is trite law under the doctrine of lis pendens that no action, including the police’s intervention, should prejudice the subject matter of a case that is sub judice.
LEGAL ARGUMENTS AND AUTHORITIES
- Police Lack Jurisdiction over Land Disputes
Under Section 4 of the Police Act, 2020, the primary duties of the police are to prevent crimes and maintain law and order. Matters pertaining to land ownership are civil disputes that fall squarely within the jurisdiction of the courts. This position is supported by:
Adetokunbo v. I.G.P. & Anor (2020) LPELR-49538(CA): The Court of Appeal held that the police cannot assume jurisdiction in purely civil disputes, including land matters.
Chedi v. Police (2015) LPELR-40600(CA): The court reiterated that the police’s jurisdiction is limited to criminal investigations.
- Doctrine of Lis Pendens
It is a well-established principle of law that no party, including the police, may take steps to undermine or prejudice the outcome of a case pending before a competent court. See:
Akinwale v. Abolore (2006) NWLR (Pt. 986) 6 SC: “Actions taken during the pendency of a suit are null and void.”
- Violation of Fundamental Rights
The arrest, harassment, and intimidation of our Clients by the police agents acting at the behest of the Gbegede Enukoko Family violate the constitutional rights of liberty, fair hearing, and dignity of the human person as guaranteed under Sections 34, 35, and 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
OUR PRAYERS
- Immediate Release
That the following persons arrested in connection with this land dispute be released forthwith:
Oduola Azeez
Jimoh Inanolaji Anifowose
Mukaila Ashiru
ASP Tirimisiyu Adewuyi
Kehinde Adeyemo AKA “Asala”
- Withdrawal of Unlawful Invitations
That the Inspector General of Police immediately orders the cessation of further harassment, intimidation, or invitation of our Clients, including but not limited to:
Ibrahim Wasiu Adeniyi
Sola Ojokunle
Alh. Oladipupo Olaniyan
Imam Aiyekoto Ibrahim
Adekilekun Wasiu Omowale
