Justice D.T Olatokun of a Lagos High Court, Ikeja has refused to restrain the Nigerian Police from further arresting a businessman, Mathew Omosigho over allegation of obtaining by false pretence.
However, the court ordered the police to release his vehicle, a Toyota-Camry Saloon Car with registration number SMK366GS, which was unlawfully seized by the 2nd respondent.
He had prayed the court to declare that he was illegally arrested on instruction of 5th respondents over a clear and unmistaken civil transaction between 5th respondent and one Mr Solomon Amos, a car dealer. A counter affidavit filed by respondent’s counsel, Mr. Moruf Animashaun had prayed the court to dismiss the suit in its entirety. Animashaun had told the court that the police only acted on criminal allegation levelled against the applicant by the the fifth respondent, Mr. Ese Osahon.
The defendant’s counsel narrated to the court that Osahon, a businessman based in America petitioned the police stating how he gave two cars to the applicant to sell for him, but he converted the money to his use and started threatening him. “I returned back to the country on July 14, 2021 and put a call to the said Omosigho, only for him to threaten me that he is going to wipe out my life and that of my family if I dare demand for my money or call him anymore,” he said.
“The law remains trite, he who asserts must prove. It is not in contention that the petitioner handed over two vehicles to the applicant for sale. The arrest and detention of the applicant was the consequence of the petition.
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