By Vivian Okejeme
A Federal Capital Territory High Court sitting in Maitama, has ordered the Nigeria Police to unseal a disputed property located in Lekki Peninsula Scheme, area of Lagos.
Justice Othman Musa, specifically, ordered the Assistant Inspector General of Police, Zone 2, Lagos State, to forthwith unseal the property in dispute, which the Court had sealed via en Exparte Order granted in the case.
Officers of the court in December 2025, sealed up the property located at Lekki Peninsula Scheme, Lagos, following an Exparte Order granted by Justice Othman Musa of the FCT High Court.
The sealed up property houses various business entities including Angelos, Café, Zevis, Pharmaceuticals, EOD PFM Ltd, Lord of Hosts Miracle Church, who have been carrying their various businesses in the premises for several years.
The Exparte Order was granted in a case for the enforcement of Fundamental Rights in Suit No. FCT/HC/CV/4636/2025, instituted by Mr. Henry Ugonna Orabuchi Vs Nigeria Police Force and Others.
The plaintiff (Orabuchi) had alleged that his fundamental Rights as guaranteed under Sections 34, 35, 36, 37, 41, and 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Articles 9 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, have been breached.
He claimed that he purchased 3,000 square meters of reclaimed land situated at the back of Plot No A Block 12, Lekki Peninsula Scheme, Lagos State from the Landlord, Mr. Emecheta Elvis Eze, which has nothing to do with the premises where the business entities are located.
The plaintiff filed the suit to shield him from honouring invitation of the Nigeria Police Force, following a Petition against him by Prof. Mike Ozekhome, SAN, (lawyer to Mr. Emecheta) over Mr.
Orabuchi’s conduct that amounts to criminal trespass, damage to property and threat to life.
In the fundamental Rights suit filed by the law office of Chikaosolu Ojukwu, SAN, on behalf of the plaintiff, it was argued that the Police Invitation infringes on his fundamental Rights and is aimed at compelling him into relinquishing his lawful proprietary and contractual rights over the 3,000square meters of reclaimed land behind the sealed up property.
In his Exparte application before the Court, Ojukwu urged the Court to grant an Exparte Order to seal up the Lagos property.
The court presided over by Justice Musa granted the order on on November 24, 2025 to seal and secure the entire property, including the reclaimed land at the back of the property measuring 3,000 square meters
He also ordered the immediate stoppage of all construction works, activities, actions, or steps on the said property while ensuring that no person, authority, or entity howsoever described is permitted access to or entry upon the property pending the hearing and determination of the substantive suit pending before the court.
After Counsel in the matter made their submissions, Justice Musa rhe court said that the Applicant is entitled to the rights to personal liberty, freedom of movement, and property interests as guaranteed under Sections 35, 41, and 44(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Articles 9 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
The court held, “It is hereby declared that the 1st Respondent, whether acting through the 2nd Respondent, any other officer under its command and control, including the 3rd and 4th Respondents, or any
section, unit or department however described, cannot, under the
guise of an investigation, invite, arrest, detain, or otherwise harass the Applicant, whether on its own volition or at the prompting or instigation of the 5th Respondent or an. other person, in respect of the contract of sale dated 25th January 2023 between the 5th Respondent and the Applicant, the dispute being purely civil and contractual in nature.
“As I have earlier mentioned in this judgment, when this matter came up on 26/02/2026, Learned Senior Counsel! for the 5” Respondent, Chief Arthur Obi Okafor, SAN, drew the attention of the Court to Motion No. M/16911/2025 seeking to set aside the interim order of this Court made on. 24/11/2025 and, with the agreement of the parties, the said application was to abide by the judgment of this Court. Having now delivered judgment in this matter, the said motion is, by operation of law, deemed to have been determined and subsumed by this judgement. The interim order of this Court made on 24/11/2025 has, upon the final determination of this suit, spent its force and ceased to have any operative effect; nevertheless, for the avoidance of any doubt, the said order is hereby expressly set aside.
“Consequently, the 1st to 4th Respondents are hereby ordered either by themselves or the Assistant Inspector General of Police, Zone 2, Lagos State to forthwith unseal the property in dispute preserved to avoid its destruction.”
