Justice Ambrose Lewis-Allagoa of the Federal High Court in Lagos has held that it would be contemptuous for the 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 restraining orders.
Justice Yelim Bogoro, who presided over the charge filed by the 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 (IGP), his estranged wife, Olufunke Otti Jolapamo, and the Attorney General of the Federation (AGF), issued the warning to the police.
The court, thereafter, fixed December 9 for ruling in the suit.
At the proceeding, Femi Falana (SAN), lawyer to Chief Jolapamo, while challenging the charge filed against his client, argued that the police had already concluded investigation, and held that there was no case against Jolapamo, as there was no prima facie case established against him.
He said: “Investigation so far conducted revealed that the subject matter of this case borders on claim of ownership of property, and the matter is pending before the Lagos High Court.”
He argued further 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 some legal decisions, Falana argued that there is no basis for the charge filed by the police.
Section 46 of the Constitution, he argued, empowers the court to protect the rights of any citizen to liberty.
He, therefore, urged the court to grant the applicant.
Opposing the application, 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, which he has not taken a plea.
He described the applicant’s suit as an abuse of the court process, 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.
Falana had approached the court seeking an order of interim injunction restraining the IGP, AGF, either by themselves, servants or privies from arranging his client, via charge No. FHC/L/404C/22 at the Federal High Court, Ikoyi, Lagos, over alleged illegal possession of firearms, pending the final determination of the originating motion.
In affidavit in support of the suit, deposed to by the applicant, Jolapamo, he averred that the second respondent, Olufunke Otti Jolapamo, who wrote the petition against him on the alleged offence his wife, 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 at N420million from the proceed of the sale of his vessels (Mor-Prosperity and Moo-Power), which were sold in November, 2017, at a price of over N800 million and the proceed paid into the CTSR First Bank account of the second respondent.