Court Slams Police over Illegal Impounding of Vehicle ,Awards N1million Damages Against Police
An Osun State High Court sitting in Osogbo has slammed the Nigeria
Police Force (NPF) over illegal impounding of a used Volkswagen Passat
Saloon Car with Chassis NoVWVZZZBZWE293363 and Registration Number
Osun SGB 708 AG, belonging to one Mr. Babatunde Soyode of Prism Steel
Mills, Ikirun, warning the men of Nigeria Police to act within the
ambit of the Law as the country was not a policing country where
Police could just do the way they like.
The Presiding Judge, Justice W.O. Akanbi also awarded a sum of N1m
damages against the Osun State Police Command for the unlawful seizure
of the applicant’s car and the discomfort being suffered by Mr. Soyode
as a result of that seizure, maintaining that the reason for seizure
of the car by the Police from the applicant was not tenable anywhere
in the world, adding that the failure of the dealer of the Car to
remit the proceeds of the sale of the Car to the Lady claimed to lodge
a complaint with the Police or the dealer of the Car was not sold at
the agreed price with the Complainant, were none of the business of
the applicant who is the purchaser and that contention was not
controverted, he is a bonafide purchaser for value. .
The plaintiff, Soyode of Prism Steel Mills, Ikirun, in a suit
No:HOS/M.1/2017 was on 31st December, 2015 travelled to Ilorin, kwara
State where he bought the Passat vehicle from BAS Motors Nig. Ltd with
cash receipt No 574 for the sum of N600, 000(Six Hundred Thousand
Naira and getting the Police clearance Certificate dated January 11th,
2016.
In a written addressed filed in further support of the application
wherein the applicant’s counsel, Barrister Femi Ayandokun, canvassed
legal arguments that the application, according to the affidavit of
service sworn to on the 3rd of January, 2017 by Mr. A.Ademola., the
bailiff of this court, was duly served on the 1st Respondent, the
Commissioner of Police and the 2nd respondent, DSP Clement Eludire on
the 3rd of January were received on their behalf by one Edogun Sunday,
while the Hearing Notices were subsequently served on the 12th day of
January,2017 according to the affidavit of service in the court file.
The Court stated that ; “Although, the application and Hearing Notices
were served on the Respondents, no response or counter-affidavit was
filled on their behalf to the application up till the time of the
hearing of the application on the 19th day of January and indeed up
till time of this judgement.While the Court rely on the provisions of
order II rule 6 of FREP Rules 2009 are very clear as to what is
required of a respondent who intends to oppose an application served
on him for the enforcement of Fundamental Rights.
” Upon convincing and satisfactory proof that the Respondents in this
case had adequate notice of the application but had refused and or
neglected to file any written address or counter–affidavit within the
time prescribed by O.II R.6 of 2009 FREP Rules, this Court granted
leave to applicant’s counsel, Femi Ayandokun, Esq to move the
application. In moving the application, Mr. Ayandokun relied on the
statement and affidavit filed in support of the application, as well
as the exhibits attached threto. He adopted his written address and
urged the Court to grant the three reliefs sought by the applicant”.
Granting the applicants’ reliefs dated 12th of April,2017, Justice
Akanbi declared that the acts of the respondents in impounding and
keeping the applicant’s Passat car since 13th of December, 2016 is
illegal unlawful and constitutes an infringement of the applicant’s
fundamental right as guaranteed by section 44 of the 1999 Constitution
of the Federal Republic of Nigeria (as amended) and I hereby order the
immediate and unconditional release of the said vehicle by the
respondents to the applicant.
The Presiding Judge further awarded the sum of N1, 000,000(One Million
Naira) against the respondents (Police) as damages for the unlawful
seizure or impounding of the applicant’s car and the breach of his
fundamental right to own and keep movable property (i.e. the
applicant’s car) as guaranteed by the section 43 of the 1999
Constitution of the Federal Republic of Nigeria.
Speaking on the development, a human rights activist, Comrade Adeniyi,
Alimi Sulaiman, condemned the Police authority for not respecting the
order of the court of competent jurisdiction on the subject matter
since they have been duly served the Judgment, saying that the Police
should conduct itself as members of civilized democratic society where
the pronouncement of the Court were respected.
Sulaiman added: “We are not in banana republic and Animal Farms where
the rule of society engagement could not be respected which any member
of the society could just be doing as they like. The Police should
train his men to see themselves as part of civilized democratic
society where genuine democracy is order of the day. The action of the
Police on the subject matter is condemnable, unacceptable, satanic,
evil, ungodly, aberration, abomination, illegal, uncivilized and crime
against humanity and God. We would not allow this act of injustice to
stand”
About Author
