COURTROOM NEWS 30/10/2023
Court Summons SP Over Lawyer’s Harassment, Detention
A Superintendent of Police, Odion Usidamen, attached to the legal department at the office of the AIG, Alagbon, who allegedly harassed and detained a lawyer on August, 7, 2023, for five hours over a land dispute has been summoned to appear before the court.
Justice Daniel Osiagor of the Federal High Court ordered Usidamen to appear in court personally on November 7, 2023, to answer to the allegations of harassment and unprofessional conduct made against him by a Lagos lawyer, Kola Sodiya.
Sodiya informed the court that Usidamen infringed on his fundamental rights when he visited the Force CIID, Alagbon, to make an enquiry despite the fact that his fundamental rights enforcement suit was pending before the court for adjudication.
Others in the suit are the Inspector General of Police, Deputy Inspector General of Police Force CIID, Area 10, Abuja, Assistant Inspector General of Police, Force CIID Alagbon Ikoyi, Lagos, AIG Zone 2, Onikan, Adeleke Sunday, Sile Omoniyi and Adebayo Elabanjo.
Sodiya while asking the court to declare his detention on August 7, 2023, by Usidamen and Adeleke unlawful, also urged the court to restrain the police officers named as defendants and their agents from arresting, detaining, harassing and intimidating him on the instructions and petition of Sile Omoniyi and Adebayo Elabanjo.
The lawyer further asked for the sum of N500m as general damages against Omoniyi and Elabanjo jointly and severally for instigating and using the Nigeria Police personnel to harass and molest him with respect to the issue concerning ownership of land or interest in the same which is subject of litigation pending before Justice Oluyemi of the Lagos State High Court, Ikeja.
In a statement of fact deposed to and filed before the Federal High Court, Sodipo averred that by a letter of appointment dated January 28, 2020, Adebayo Elabanjo appointed his law firm to carry out all lawful actions in respect of the recovery of his share of his late father’s 10 acres of land situate and lying at Ifako-Gbagada, Lagos.
He stated that subsequently, a retainer agreement dated May 25, 2020 was executed between him, Elabanjo and one Afolabi Odunewu who was his attorney.
“It was mutually agreed that I will be financially responsible for all expenses to recover his share of his father’s land lying at Ifako Gbagada, Lagos and that he shall be entitled to 30% of the sum recovered from the estate’s land.
“However, having worked assiduously to recover Adebayo Elabanjo’s share of his father’s estate and also consolidated the position of the siblings, he purportedly terminated the agreement by sending a message to him contrary to the terms of the tripartite agreement dated May 7,2021.
“I discovered that Adebayo Elabanjo and his sister, Modupe Elabanjo, were taking calculated steps to ensure that I don’t receive my entitlement for work done to recover and secure their father’s land for them.
“They were taking calculated steps to deprive me of my 30% entitlement after expending so much time, effort, expertise and money to secure their late father’s land on the parcel of land measuring 3520.646sq metres.
“I then filed a civil action against the duo of Adebayo Elabanjo and his sister that the land is the subject of litigation in suit no: ID/8544GCMW/2022 before Justice Oluyemi of the Lagos State High Court, Ikeja Judicial Division.
“Upon filing the suit, Sile Omoniyi who claimed to be Adebayo Elabanjo’s agent began to threaten my life. I then petitioned the office of the AIG Force CIID Alagbon Ikoyi Lagos.”
The lawyer explained that he received a letter of invitation from the office of the AIG Zone 2 with respect to a petition written by Omoniyi.
He said Omoniyi’s petition was assigned to Usidamen and Adeleke for investigation.
“I informed them that the matter was a subject of litigation which was currently pending before a court of competent jurisdiction and that the petitioner had been threatening my life since he filed the suit.
“I went to the office of the AIG Force CIID Alagbon, fingerprint section on August 7, 2023, to sort out an issue for one of my clients, when I was about to go out of the premises of the Force C.I.I.D, I was accosted by Sunday who informed me that the Officer-in-Charge Legal wanted to see me.
“I willingly followed him to the office of the Officer in-charge of Legal. At the Office of the O/C Legal, I was introduced to the O/C legal by Sunday as the person to be charged to court.
“I was detained between the hours of 11am and about 4 pm and was prevented from using my phone which I left in the car despite my several demands that I be allowed to call my lawyers and wife who were in the office.
“Notwithstanding the production of the letter of withdrawal of Omoniyi’s petition, the officers of the AIG still went ahead to charge me to court on a matter which is pending before a court of competent jurisdiction,” he said.