By Wellington Jopelo
Adamakin Investment and Works Limited, Akinfolabi Akindele have filed a lawsuit at the Federal High Court in Lagos against the Inspector General of Police Kayode Egbetokun, the Commissioner of Police of Monitoring Team Abuja, alleging unlawful arrest.
According to the suit filed by Adamakin Investment and Works Limited, Suit No. 2379, they are suing the Inspector General of Police, the Commissioner of Police, the IGP Monitoring Team, Supol Akiola Ibrahim, and Emkay Holdings Limited.
Adamakin told the court that Emkay Holdings Limited used the police to interfere with, arrest, and prosecute him unlawfully while the case was still before the court.
He asked the court to determine whether the police have acted within their legal powers in a series of actions connected to the disputed land. The court is expected to consider whether the police used their powers to pursue personal vendettas, enforce questionable claims of trespass, or interfere with court judgments on land ownership.
In a sworn affidavit filed, Adamakin, stated that he manages the vast estate of Madam Iyalode Efunronye Tinubu under a legally issued power of attorney. The estate spans parts of Lagos and Ogun States and is covered by historic surveys—including one originally drawn by Herbert Macaulay and later reaffirmed by court judgments, including a 1912 Supreme Court decision.
Adamakin claims that the property located at 10 Wasiu Street, Amuwo Odofin Industrial Estate falls squarely within the Tinubu family estate and was illegally occupied by Emkay Holdings Limited. He further alleges that during the dispute, his office was invaded by officers led by the IGP Monitoring Team, after which he was arrested and accused of illegal trespass an accusation he denies. He said he had already submitted several High Court judgments confirming the family’s ownership of the land.
The affidavit alleges that instead of allowing the court to determine the rightful owner, the police attempted to assist the Emkay Holdings Limited in taking control of the property. Akindele claims the police acted outside their lawful mandate by stepping into what is essentially a civil matter involving land title.
He argues that claims of illegal trespass cannot be established while title to the land is still being contested, especially when multiple court judgments already exist in the family’s favour.
Adamakin reaffirmed that all statements made in his affidavit were truthful and made in good faith, in line with the Oaths Act of 2004. He also confirmed that he is not aware of any other case pending in any court involving the same issues.
The lawyer to Adamakin makes an argument on whether the 1st, 2nd, 3rd defendant’s statutory power of investigation and prosecution of offences is not to be exercise in compliance with the provision of the constitution of the federal republic of Nigeria 1999(as amended) and the police act 2020.
He also stated that it is trite that every power exercised by a public authority in Nigeria must derive its validity from the constitution, and any statute guiding that authority. The police being a creation of statute, cannot act outside the limits prescribed by the constitution and the Nigeria police Act, 2020.
The court has been asked to determine whether the police acted within the Constitution and the Nigeria Police Act, whether police powers can be used in matters involving civil land disputes, whether the police can interpret or enforce court judgments regarding land titles, and whether the actions of the officers amounted to harassment or abuse of office.
The defendants are expected to appear in court within 30 days of being served the summons. More developments are expected as the case proceeds.