*Awards N5m against orchestrator

Wale Igbintade

A Lagos High Court sitting at the Commercial Courthouse, Tapa, has delivered a landmark judgment in favour of a businessman, Chukwuemeka Akachukwu Ewereaku, condemning the Nigeria Police Force and a private complainant for the unlawful arrest, detention, and intimidation of the trader over a N560,000 hair transaction dispute.

Justice Anjorin-Ajose ruled that the entire incident was civil and did not justify the involvement of the police.

In its decision, the court awarded N5 million in general damages against one Tessy Chiamaka Nnadi for orchestrating what it described as a gross abuse of state power.

The matter arose from a December 2024 sale of luxury human hair valued at N560,000, advertised and sold by Mr. Ewereaku through WhatsApp.
Dissatisfied after receiving the product, Ms. Nnadi reportedly stormed the businessman’s shop and insisted on a refund.

When her demands were not immediately met, she escalated the matter to the police.

On December 11, 2024, armed policemen from the Lion Building Division allegedly arrested Ewereaku without any prior invitation.
He was then taken to the station, where he claimed to have been physically assaulted and forced under duress to refund the money.
In response, Ewereaku filed a fundamental rights enforcement suit—LD/1863MFHR/2024—through his counsel, Chibuenyim Precious Onyemachi of Enyim Solicitors.

The suit named the Nigeria Police Force, the Inspector-General of Police, the Lagos State Commissioner of Police, Inspector Tolu of Lion Building Division, and Ms. Nnadi as respondents.

He sought declarations and injunctive relief, contending that his arrest and detention were illegal and that the entire episode constituted a breach of his fundamental rights.

He also submitted evidence, including medical reports and receipts, to support his claims of assault, harassment, and psychological trauma, including symptoms consistent with post-traumatic stress disorder (PTSD).

In his judgment, Justice Anjorin-Ajose held that: “The police cannot be used as debt recovery agents in purely commercial or civil transactions.”

The judge cited relevant constitutional provisions—Sections 34, 35, and 41—to reinforce Mr. Ewereaku’s right to dignity, personal liberty, and freedom of movement, noting that these had been violated.

The court ruled that the police acted outside the scope of their constitutional mandate when they responded to Ms. Nnadi’s complaint by arresting and detaining Mr. Ewereaku over a strictly civil refund disagreement.

The court declared: “The invitation, arrest, and detention of the applicant at the instance of the 5th respondent were illegal, unlawful, and unconstitutional.”

While the judge declined to issue a perpetual injunction restraining the police from any future investigation of the applicant, it granted several critical reliefs: “A declaration that the police, acting on Ms. Nnadi’s instigation, violated the applicant’s rights; and damages award of N5,000,000 against the 5th respondent, Tessy Nnadi, for the unlawful use of state machinery to pursue a private civil claim.

Interestingly, while Chris Ayiyi appeared for Ms. Nnadi, the police respondents, Inspector-General, Lagos CP, and Inspector Tolu—did not enter any defence in court.

Justice Anjorin-Ajose emphasised the growing trend of citizens abusing law enforcement powers to intimidate business counterparts over commercial disagreements and warned that such actions would no longer be condoned by the courts.

“Any individual who uses the state security apparatus to harass or intimidate another in a civil matter risks being held personally liable,” the judge ruled.

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