Businessman drags Lagos police to court for arresting him over offence of ‘cheating’ on his wife

 

A Lagos based businessman Paul Makolo has filed a fundamental right enforcement suit before the Ikeja division of the Lagos State High Court, accusing his wife, Mrs Endurance Modupe Makolo of using police to intimidate and harass him. 

The applicant brought the application for an order for the enforcement of his fundamental right under Sections 35 and 46 of the 1999 constitution of the Federal Republic of Nigeria and Article 6 of the African Charter on human and People’s rights ( Ratification and Enforcement) Act.

Listed as respondents in the suit are the Commissioner of Police, Lagos State  Command;  the  Divisional  Police Officer (DPO) Anthony Police Station; Superintendent of Police Istifanus Daniel (IPO) and Mrs Endurance Modupe Makolo as 1st to 4th Respondents respectively.

The applicant in his application before the court is praying for “A declaration that he is entitled to his personal liberty respectively as guaranteed under Section 35 of the constitution of the Federal Republic of Nigeria 1999 ( as amended)

“A declaration that his arrest and detention on 14th November, 2023 by the 2nd and 3rd Respondents on the complaint of Mrs Modupe Endurance  Makolo (4th Respondent) is unlawful and unconstitutional.

“A declaration that the threats, arrests, harassment, intimidation and embarrassment of the applicant by the Respondents over a civil contract and matrimonial issues between the applicant and the 4th Respondent amounts to a violation of his fundamental right.”

He is seeking an order restraining the 1st to 3rd Respondents, their agents, privies or howsoever called from further intimidating, arresting, detaining or further detaining the applicant.

In an affidavit in support of his suit deposed to by the applicant, he avers that the said Modupe Makolo (4th respondent) is his lawfully wedded wife.

He averred that on 14th November, 2023, he was arrested by 3rd Respondent and detained at the office of the 2nd Respondent over the complaint of his estranged wife.

He added that he was subsequently informed by the police that his wife alleged that he was having  extra marital affairs which warranted his arrest and detention at the Anthony Police Station.Lagos.

The applicant averred that he had protested before the 2nd and 3rd respondents on the grounds that even if the said allegations of his wife were true, such matter is simply a matrimonial issue and that no woman has accused him of committing such extra marital affairs with her, adding that such act constitutes a criminal offence.

He averred that his protest was immediately rebuffed by the 2nd and 3rd Respondents who insisted and detained him over the allegations of extra marital affairs as reported to the police by his wife. 

He further averred that it took the intervention of several of his friends and relatives before he was admitted to bail by the 2nd and 3rd Respondents on the said 14th November, 2023.

The applicant avers that since 14th November 2023 he was admitted to bail, the 3rd Respondent has been harassing and intimidating him (applicant) with calls and severally threatened that he has the instructions of the 2nd Respondent to rearrest and further detain him to the satisfaction of his wife 

The applicant stated that his protest to the 2nd and 3rd Respondents that the said allegations or complaints of his wife had nothing to do with the crime to warrant his arrest, persistent intimidations and further threats from them, fell on deaf ears as he was shouted down by the 3rd Respondent who asked him repeatedly if it is “I or him” to determine what is criminal or civil.

The applicant stated that since the threats from the 3rd Respondent, he has been very unstable, disoriented and unable to concentrate at work. 

He further stated that the threats, intimidation, harassment and embarrassment are continuing.

The applicant believes that his fundamental right has been trampled upon and would continue to be trampled upon by the respondents and that he is now in serious danger.

He avers that unless the honourable Court intervenes to restrain the respondents, there is every likelihood that he will find himself  further arrested and detained by the respondents and his liberty to freedom of movement will be trampled upon when it is the case that his relationship with his estranged wife was purely a matter of civil contract involving a matrimonial dispute “.

The applicant prayed that the order of the court is urgently needed to safeguard his fundamental right as guaranteed under the 1999 constitution.

PETITION

In further pursuit of his fundamental right and threats by the respondents,  the applicant Paul Makolo  also petitioned the Inspector General of Police and made complaint against one Lawrence Ojo, attached to the Gender Department, Ikeja Police Command, Ikeja, Lagos State for “Conspiracy, Perversion of Justice and Unprofessional conduct”

In the said petition written by the applicant”s lawyer on his behalf, Paul Makolo stated that on November 14, 2023, a quarrel arose between him and his enstranged wife, Endurance Modupe who falsely reported to Anthony Police  Station that he is having extramarital intercouse with her 24 years old daughter, Glory, who she begat for her previous husband.

According to the petition, the matter was eventually transferred to the gender department, Ikeja Police Command for conduct likely to cause breach of peace and Inspector Ojo Lawrence was the IPO in charge but surprisingly, he witnessed a different ball game in the investigation, as his surety was charged before the Magistrate Court 5, Ogba, on a different charge, without investigation or interrogation of the applicant Paul Makolo.

” It is in the light of this foregoing and the respect we have for the Nigeria Police Force that we appeal to the IGP to use his good office to carry out discreet investigation into this matter for the interest of justice and also to review the image of Police Force.

” It is a matter of life and we are not satisfied with the conduct of the IPO Lawrence Ojo.

In another Petition to the Commissioner of Police, Force Intelligent Department, Force Headquarter Annex, Kam Salem House, Obalande, Lagos,  Paul Makolo stated that on December 16, 2023 at about 10.30 am, one Francis Obodo, his wife and Rita Obodo with others came to his apartment at Number 12 Wilson Mba Street, Arojobi Estate, Maryland, Lagos with thugs numbering about ten, broke into his apartment and stole all his belongings including ; 2KDK Standing fans valued N250,000  One Thermocool Deep Freezer, Two pairs of shoes from Kubona, valued N 417,000; One Sonny 75 inches television valued N1.2 million .

Other items carted away are One big LG Fridge valued N1.8 million, 2KDK Fans valued at N500,000, One Deep Freezer Thermocool,  Two wrist watches valued N1,829,100.00.

Others are the original Chronograph Men’s Swiss watch and Citizen CB5848- 57L; Men’s Promaster Eco -Drive Navihaek Radio Controlled Watch. They made away with the sum of 20,000 Us dollars that were sent to the applicant by his brother George Makolo who based in Island for his medical treatment.

Meanwhile, in another suit before the Lagos State Magistrates’ Court sitting at Yaba, the applicant has also urged the court to grant him custody of his eight years old son Master Excellent Emmanuel Makolo.

In the suit brought pursuant to Section 64 of the Child Rights Law of Lagos State, his estranged wife Mrs Modupe Endurance Makolo is also joined as respondent. 

He is seeking an order granting custody of his son to him  as cohabitation with his estranged wife has ceased since November 16, 2023 

He avers that the applicant has made several efforts to make the respondent amend her bad ways and show care and attention to both him and  Master Emmanuel but she has remained unrepentant as she would always leave the child unkept, frightened and without food. 

He noted that the respondent is incapable of attending to the financial, moral and psychological needs and wellbeing of the child,  adding that as a male child, he as biological father, is more disposed and capable of providing his child with all his needs. 

He urged that it is in the greater interest of the proper upbringing of the child, that he should be granted custody of his son being his biological father .

He prayed the court for such further orders as it may deem fit to grant in the circumstances of the case.