Justice Othman Musa of the Federal Capital Territory, FCT, High Court has granted an exparte order over a property located in Lekki, Lagos.
The court grated the order in a fundamental rights enforcement suit numbered FCT/HC/CV/4636/2025 between Mr. Henry Ugonna Orabuchi and Nigeria Police Force and five others.
In the application, Orabuchi claimed that the respondents gravely infringed on his fundamental rights guaranteed under sections 34, 35, 36, 37, 41, and 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), as well as Articles 9 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
The applicant claimed that he purchased 3,000 square meters of reclaimed land at the back of the property described as Plot No A Block 12, Lekki Peninsula Scheme, Lagos State from one Mr. Emecheta Elvis Eze (the 5th respondent) who is the beneficial owner of the property.
According to court documents, as at the time of the transaction in January 2023, the land had not been reclaimed and the contract stipulated that the portion of the land (3,000sqm) shall be given to Henry Orabuchi after the land has been reclaimed.
After reclaiming the land, the 5th respondent applied for recertification and processing of Certificate of Occupancy to secure the title for the entire reclaimed land measuring about 10,000 square meters from where 3,000 will be apportioned to the applicant.
While the title is being processed, the applicant alleged that the 5th respondent refused to fulfil his own part of the bargain by denying him access to the property and reported the matter to the Nigeria Police in Lagos. Later on, the applicant took over possession of the entire property including the main property and the entire reclaimed land.
Following the applicant’s action, the 5th respondent’ lawyer, Prof. Mike Ozekhome, SAN, wrote a petition against to the Nigeria Police Force alleging criminal trespass, damage to property and threat to life against the applicant, based on which the Nigeria Police, on 11th November, 2025, issued a letter of invitation to Mr. Henry Orabuchi at his residence at No. 6 Morgan Estate, Phase 2, Lagos.
The said letter, titled ‘Letter of Invitation RE: Case of Criminal Trespass, Breach of Trust, Malicious Damage and Conduct Likely to Cause Breach of Peace’, directed the applicant to report to the Force Headquarters, Louis Edet House, Abuja, on Thursday, 20th November, 2025, at 10:00 a.m., to shed light on allegations made by the 5th respondent.
Without honouring the police invitation, Orabuchi filed a fundamental rights enforcement suit before the FCT High Court wherein he challenged the powers of the Nigerian Police Force to invite him in the process of their investigation into the allegations of criminal trespass and damage to property and threat to life.
The applicant argued that the police invitation is based on malicious allegation, crafted solely to intimidate and harass him and to compel him into relinquishing his lawful proprietary and contractual rights over the property.
He accused the Nigerian Police of not exercising their statutory powers lawfully and having acted maliciously and in bad faith, and to have used the coercive powers of the state to advance the private interest of the 5th respondent in a purely private transaction.
Following the exparte application filed by the applicant’s lawyer, Chikaosolu Ojukwu, SAN, Justice Othman Musa granted an exparte order over the property in Lekki, Lagos State.
The order read, “That an Interim Injunction is hereby made restraining the 1st to 4th respondents, either by themselves or through any of 1st respondent’s commands, formations, units, agents, operatives or officers under its command, control or direction, from inviting, arresting, detaining harassing, intimidating or howsoever dealing adversely with the applicant in connection with the subject matter of this suit, pending the hearing and determination of the substantive suit.
“That an Interim Order is hereby made directing the 2nd respondent, through the Assistant Inspector General of Police, Zone 2, Lagos State, and the 6th respondent to seal and secure the entire property known and described as Plot No. A, Block 12, Lekki Peninsula Scheme, Lagos State, including the reclaimed land at the back of the property measuring 3,000 square meters forthwith, and to immediately halt all 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 before this Honourable Court.
“That an Interim Order is hereby made directing the 6th respondent to place a caveat on the whole property described as Plot No. A, block 12, Lekki Peninsula Scheme, Lagos State including the reclaimed land at the back of the property measuring 3,000 square meters forthwith pending the hearing and final determination of the substantive suit before this Honourable Court.”
The court also joined the Federal Ministry of Housing and Urban Development as 7th respondent in the suit and adjourned the case to 16th December, 2025, for hearing.