By Okosun Dennis
A legal tussle might be instigated between the office of the Inspector General of Police, IGP Kayode Egbetokun, the Commissioner of Police in charge of Anti-Human Trafficking/Visa Fraud, Force Criminal Investigations Department (FCID),
The Nigeria Police Force Headquarters, Area 10, Garki, Abuja and the CHACOLE & DARDA CHAMBERS, Barristers, Solicitors & Property Consultants led by A.G. Giwa-Amu and Co, over a pending case at the court, in which the Police Authority truncated proceedings based on a counter petition by a complainant, except the IGP Egbetokun takes some bold action to stem.
In a petition to the Inspector General of Police, IGP Kayode Egbetokun to which CP Kabir A. Shehu, Anti-Human Trafficking/Visa Fraud, Force Criminal Investigations Department (FCID), was copied, dated 29th May, 2025, and titled: RE: INVESTIGATION ACTIVITIES-POLICE Invitation Letter dated 12th May, 2025, is challenging the audacity and bravery effrontery of the Inspector General of Police with an attempt to jeopardise a case already pending in a court of competent jurisdiction on behalf of his clients, was being investigated through a suits, pursuant to which Police Investigation Letter dated 12th of May, 2025 with Ref
No:CR:3000/X/FHQ/AHTU-VF/T.B/VOL.7/23 was issued and directed to his clients.
He posited that the action of the office of IGP; particularly the CP Anti-Human Trafficking that the matter is subjudice – pending before a Court of competent jurisdiction, and any attempt or further attempt by the office of IGP to, in any manner, assist the complainant by way of self-help or any other illegal way disguised would be tantamount to criminal investigation, will amount to contempt of Court.
The petitioner further warned that his office shall resort to using all legal means to get justice for his clients.
Also copied in the petition are the Attorney-General and Minister for Justice, Federal Ministry of Justice, 71, Shehu Shagari Way & NBSP, Abuja and the Deputy Inspector General of Police, Nigeria Police Force, Force Criminal Investigations Department (FCID), Garki, Abuja.
According to Barr. Giwa-Amu, he called on the IGP not to be cajoled into falling prey to the antics of the complainant, as it has been laid to rest what the office of the IGP is trying to invoke by the Supreme Court in DIAMOND BANK PLC VS. HRH EZE, PETROL CONTINENTAL NIG. LTD V. EFCC (2018) LPELR-SC 375/2012, that: “,…I say this now and again, our security agencies, particularly the police, are not debt recovery agencies.”
Buttressing his petition with facts on grounds, he pointed out that, “You must be informed, and note that while Suit No/Ref No: 1035902025 – Obafemi Giwa-Amu & Ors. vs. Lexy Nigeria Limited & Anor touches directly on breach of contract between our client and your complainant, Lexy Nigeria Limited represented by Prince Leye Adepite, as Defendants, your complainant seeks to employ a criminal complaint to your office, under the guise of criminal investigation to influence the outcome of the suit in Court through self-help.”
While outlining the crux of the matter explained that his client has a subsisting case in court with REF NO:CR:3000/X/FHQ/AHTU-VF/T.B/VOL.7/23, Prince Akenzua Eghe Niyi; Giwa-Amu Obafemi
[THE DIRECTORS/CEO, FELIX STEVENSON LIMITED
OF 318, Akin Ogunlewe Street, Victoria Island, Lagos.] With notice of suits NO: i. REF NO:1035902025 -Obafemi Giwa-Amu & ORS.VS.Lexy Nigeria Limited & ANOR, & ii. SUIT NO.FHC/L/CS/1018/25-OBAFEMI GIWA-AMU &ORS.VS.
THE NIGERIA POLICE FORCE & ORS; to which his clients are Felix Stevenson Limited, Prince Akenzua Eghe Niyi and Giwa-Amu Obafemi.
Unfortunately, he pointed out, a complainant, despite the ongoing case has written a petition against his client to the police to which they have instigated another investigation, thereby using the influence and paraphernalia of office of the Inspector of Police to subvert course of justice by approving an circle of investigation knowing full well that amounts to contempt of court.
Therefore, on the specific instructions of his clients, and in protection of their fundamental human rights, in view of the fear of imminent breach of fundamental human rights by your office (IGP), they have instituted a case against your office (IGP) in Suit No. FHC /L/CS/1018/25 – Obafemi Giwa-Amu & Ors. vs. The Nigeria Police Force & Ors, which Originating Summons have been duly served on your office directly and through your Legal/Prosecution Department, Force Criminal Investigation Department (FCID}, Force Headquarters, Abuja.
In addition, in the said petition to the Commissioner of Police in charge of Anti-human Trafficking/Visa Fraud, Force Criminal Investigations Department (FCID), notified him that they have equally “petitioned his Inspector-General of Police on the conspiracy, connivance and condoning of your office with your complainant to bring about false allegation of a criminal charge against our clients, to set up our clients for arrest, unlawful detention and malicious prosecution.
Stating the facts of the case, Barr. Giwa-Amu averred in his petition that the case which has given birth to a false criminal complaint before you by the complainant stated as follows:
1. That on the 5th day of April, 2024, your complainant entered into a contract for the SOURCING OF THIRD-PARTY COLLATERAL FOR LOANS with our clients.
2. That your complainant, in breach of the said contract, led our clients to suffer loss of N102,000,000 [One Hundred and Two Million Naira] in general damages, and N12,000,000 [Twelve Million Naira] in Special Damages.
3. That your complainant, in line with the contract, voluntarily deposited N10,000,000 [Ten Million Naira] as “commitment fee” towards the Sourcing of Third-Party Collateral for Loans needed by your complainant.
That upon delivery of the said Third Party Collateral for the said Loan, your complainant failed to provide post-dated cheques to ensure repayment of the loan and failed to utilize the said collateral within the 60 (sixty) day period, leading to a fundamental breach of the said contract.
It is this commitment fee of N10,000,000 [Ten Million Naira] which your complainant demanded a refund of in the letter dated 29% of January, 2025 titled: “Request for refund of deposit for third party collateral sourcing”, that has become the basis for the frivolous, vexatious and false criminal allegation against our clients, which your office has been called upon to investigate and recover the said N10,000,000 [Ten Million Naira] under the guise of criminal investigation.
In his prayers, the petitioner is seeking a refrain from proceeding on the investigation in the interest of justice, salutary police practices that the office of the IGP is known for, and to refuse the complainant’s complaint as civil and subjudice and avoid legal confrontation and contempt of court.
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