The human rights lawyer, Giwa-Amu, has petitioned the Inspector General of Police (IGP), Mr Kayode Egbetokun, urging him to look into the case of a particular police officer’s involvement in a civil case, stressing that the Nigeria Police Force is not a debt recovery institution.
Giwa-Amu also copied the Attorney-General and Minister for Justice, Federal Ministry of Justice, the Commissioner of Police, Anti-Human Trafficking/Visa Fraud, Force Criminal Investigations Department (FCID), the Nigeria Police, Force Headquarters, and the Deputy Inspector-General of Police, Nigeria Police Force, Force Criminal Investigations Department (FCID), Abuja.
The petition, dated 29th of May 2025, is titled: “Re: Investigation Activities – Police Invitation Letter Dated 12th May, 2025 Ref No: CR:3000/X/FHG/AHTU-VF/T.B/Vol. 7/23 Prince Akenzua Eghe Niyi; Giwa-Amu Obafemi (The Directors/CEO, Felix Stevenson Limited Of 318, Akin Ogunlewe Street, Victoria Island, Lagos.)”
The Notice Of Suits No, Ref No: 1035902025 – Obafemi Giwa-Amu And ORS. VS. Lexy Nigeria Limited And ANOR, And Suit No. FHC/L/CS/1018/25 – Obafemi Giwa-Amu And ORS. VS. The Nigeria Police Force And ORS.
The petition reads: “We act as Solicitors to Felix Stevenson Limited, Prince Akenzua Eghe Niyi and Giwa-Amu Obafemi, hereinafter referred to as “our clients” on whose direct instructions we write.
“We wish to bring to your attention the above suits which are pending in Court, and are the subject matter of your investigation activities, under which your Police Investigation Letter dated 12th of May, 2025, with Ref No: CR:3000/X/FHQ/AHTU-VF/T.B/VOL. 7/23 was issued and directed to our clients. Please find attached a copy of the Police Investigation Letter dated 12th of May, 2025, for ease of reference.
“It is important that you are informed, and please, note that while Suit No/Ref No: 1035902025 – Obafemi Giwa-Amu and Ors. Vs. Lexy Nigeria Limited and Anor touches directly on the breach of contract between our client and your complainant, Lexy Nigeria Limited represented by Prince Leye Adepite, as Defendants, your complainant seeks to employ a criminal complaint against your office, under the guise of criminal investigation, to influence the outcome of the suit in Court through self-help.
“We advise against your falling prey to the antics of your complainant, as it has been laid to rest by the Supreme Court in DIAMOND BANK PLC VS. HRH EZE, PETROL CONTINENTAL NIG. LTD V. EFCC (2018) LPELR-SC 375/2012, that:
“ ‘…. I say this now and again, our security agencies,
particularly the police, are not debt recovery agencies.’
“The above Supreme Court decision was followed in other Supreme Court decisions in OGBONNA VS OGBONNO (2014) LPELR-22308 CA (2014) 23 WRN 48 and FAJEMIROKUN V. COMMERCIAL BANK (CREDIT LYONNAIS) NIG. LTD & ANOR (2002) 10 NWLR PT.774, PAGE 95 AT 100.
“On the instructions of our clients, and in the protection of their fundamental human rights, given the fear of imminent breach of fundamental human rights by your office, we have equally filed against your office in Suit No. FHC /L/CS/1018/25 – Obafemi Giwa-Amu and Ors. vs. The Nigeria Police Force and Ors, whose Originating Summons have been duly served on your office directly and through your Legal/Prosecution Department, Force Criminal Investigation Department (FCID), Force Headquarters, Abuja.
“We have equally petitioned your Inspector-General of Police on the conspiracy, connivance and condoning of your office with your complainant to bring about a false allegation of a criminal charge against our clients, to set up our clients for arrest, unlawful detention and malicious prosecution.
“The facts of the case which have given birth to a false criminal complaint before you by the complainant are as follows: That on the 5th day of April 2024, your complainant entered into a contract for Sourcing Of Third Party Collateral For Loans with our clients.
“That your complainant, in breach of the said contract, led our clients to suffer the loss of N102,000,000 in general damages, and N12,000,000 in Special Damages.
“That your complainant, in line with the contract, voluntarily deposited N10,000,000 as a “commitment fee” towards the Sourcing of Party Collateral for Loans needed by your complainant.
“That upon delivery of the said Third Party Collateral for the said Loan, your complainant failed to provide post-dated cheques to ensure repayment of the loan and failure to utilise the said collateral within the 60 days, leading to a fundamental breach of the said contract.
“It is this commitment fee of N10,000,000 which your complainant demanded a refund in the letter dated 29th of January 2025 titled: “Request for refund of deposit for third party collateral sourcing”, that has become the basis for the frivolous, vexatious and false criminal allegations against our clients, which your office has been called upon to investigate and recover the said N10,000,000 under the guise of criminal investigation.
“Kindly be advised that this matter is sub judice i.e. that they are pending before Courts of competence jurisdiction, and any attempt or further attempt by your office to, in any way howsoever, assist your complainant by way of self-help or any other illegal way disguised as criminal investigation or investigation activities, to seek to recover or recover the said amount, will amount to contempt of Court, and our office shall be unsparing in applying all legal means to get justice for our clients.”
Giwa-Amu added: “We urge you, in the interest of justice, salutary police practices that your office is known for, dedication to duty that your office has been celebrated for, and decorum, which is your forte, to refuse the complainant’s complaint as civil and sub judice.”
