A Federal High Court in Abuja has barred the Nigeria Police Force and the Inspector-General of Police from harassing or interfering with the owners of the premises occupied by Nestoil in Victoria Island, Lagos.
Information recently released concerning the November 24th judgment , asked the court to stop the Police and the Inspector-General of Police from interfering with its ownership and access to two properties: No. 4 Nyasa Close, Plot 19, Off Ontario Crescent/Mississippi Road, Maitama, Abuja, and 41/42 Akin Adesola Street, Victoria Island, Lagos.
The applicant argued that its constitutionally guaranteed property rights were threatened and asked the court to protect those rights under Chapter 4 of the 1999 Constitution (as amended).
Court Affirms Right to Possession
In the judgment, Justice R.N. Ofili-Ajumogobia held that Drawcok Estates Ltd has the right to own and possess the properties in question. The judge stated that these rights are protected under the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the African Charter on Human and People’s Rights.
Justice Ajumogobia ruled that the actions of the respondents in sealing and occupying the properties constituted an infringement on the applicant’s property rights as provided under Sections 43 and 44 of the Constitution. According to the judgment, “the sealing-off and occupation of the applicant’s properties… constitute an infringement on the right of the applicant to own property.”
Order to Vacate and Restore Access
The court ordered the respondents, including their agents or anyone acting on their behalf, to vacate the properties immediately and hand over possession to the applicant. Justice Ajumogobia directed that the respondents “vacate the applicant’s properties… and deliver possession over to the applicant forthwith.”
The judge also ordered the respondents and anyone acting through them to provide security to enable Drawcok Estates Ltd regain possession of the properties. The court further restrained the Police, the IGP, their agents or representatives from harassing the applicant or denying access to the properties.
Restrictions on Police Intervention
The judgment makes clear that the Police and the IGP are prohibited from entering, occupying, or interfering with the properties unless permitted by law and within the limits of the ruling. The order applies to all categories of representatives, including agencies, servants or any person acting through or on behalf of the respondents.
With the ruling, Drawcok Estates Ltd is legally empowered to access and control its properties in Lagos and Abuja, and the Police are barred from further interference.
