Justice Ambrose Lewis-Allagoa of the Lagos Federal High Court has held that would be contemptuous for Nigeria Police to go ahead with the proposed arraignment of a 76-year-old, ex-president of the Nigerian Indigenous Shipowners Association (NISA), Chief Isaac Jolapamo, over alleged illegal possession of firearms despite subsisting order which restrained it.
Justice Yelim Bogoro of the same court who presided over the charge filed by police against Jolapamo, had earlier fixed December 2, for his arraignment but Justice Lewis-Allagoa after hearing the suit filed by Jolapamo against the Inspector General of Police, his estranged wife, Olufunke Otti Jolapamo and the Attorney General of the Federation, gave the warning to the police.
The court thereafter, fixed December 9, for ruling in the suit.
At Monday’s proceeding, Femi Falana, SAN, lawyer to Chief Jolapamo, challenging the charge filed against his client, argued that the police had already concluded an investigation, and upon the conclusion of the investigation, the Police held that there is no case against Jolapamo, and there was no prima face case established against him.
He said “Investigation so far conducted revealed the following that the subject matter of this case borders on a claim of ownership of property, and the matter is pending before the Lagos high court.
He stated that if Jolapamo is arraigned, his rights to liberty and fair hearing would be violated.
He told the court that the respondents have not challenged the facts presented by the applicant, but are saying that since a charge has been filed Jolapamo must appear and take his plea.
Citing a plethora of legal decisions, Falana argued that there was no basis for the charge filed by the police.
He stated that Section 46 of the constitution empowered the court to protect the rights of any citizen to liberty. He urged the court to grant the Applicant.
Opposing the suit, counsel to the respondents, B.O Omang submitted that since a charge has been filed before the court, the only option available to Jolapamo is to take his plea.
He argued that the applicant cannot raise an objection to the validity of a charge for which he has not taken a plea. He said the applicant’s suit is an abuse of court and should be dismissed.
Justice Lewis -Allagoa had earlier granted a motion ex parte filed on November 1, against the Inspector General of Police, Olufunke Otti Jolapamo and Attorney General of the Federation, in which the court ordered all parties to maintain status quo’ pending the determination of the suit against them.
Chief Jolapamo’s lawyer, Falana (SAN) had approached the court to seek an order of interim injunction restraining IGP, AGF either by themselves, servants or privies from arranging his client, via charge No. FHC/L/404C/22 alleging illegal possession of firearms at the Federal High Court, Ikoyi, Lagos, pending the final determination of the origination motion, herein.
In an affidavit in support of the suit, deposed to by the applicant, Jolapamo, he averred that the second respondent, Olufunke Otti Jolapamo, who wrote a petition against him on the alleged offence by his wife who until recently lived together with him at No. 23 Olusegun Aina Street, Park-view Estate, Ikoyi, Lagos.
He averred that the aforementioned property was purchased for the sum of N420 million from the proceed of the sale of his vessels (Mor-Prosperity and Mor-Power, which were sold in November 2017 at a price of over N800 Million and the proceeds were paid into the CTSR First Bank account of the second respondent.