Again, court orders police to unseal Peace Corps’ headquarters

Justice John Tsoho of the Federal High Court Abuja, on Monday ordered the Nigerian Police to immediately unseal the new headquarters of the Peace Corps of Nigeria, located at Jabi district of Abuja.

Justice Tsoho also ordered the Police and other security agencies who occupied the premises of the Peace Corps headquarters since February 28, 2017 to vacate it immediately and hand over possession of the office to the organization.

The court gave the order following a ruling on a motion on notice filed by Dr Dickson Akoh, National Commandant of Peace Corps of Nigeria and the Incorporated Trustees of the organisation.

The application, dated October 6, 2017 specifically sought the unsealing and vacation of the national headquarters of PCN by the police and other security agencies, which had laid siege and barricaded the premises.

Delivering ruling, the court disagreed with the police lawyer that the application was an abuse of court process.

“The application filed by the defendant is proper before the court; it is not an abuse of court process. Contrary to the complainant’s objection, the application of the defendant is unambiguous and not misplaced” Justice Tsoho ruled.

“The motion on notice dated October 6, 2017 is bound to succeed and is hereby granted as prayed” the court ordered.

Similar order unsealing the premises was made by Justice Gabriel Kolawole of same Abuja division of Federal High Court on November 9, 2017, in a separate fundamental human rights suit which the police is yet to comply with.

The order was in a fundamental rights enforcement suit filed by Dr Akoh and 49 others, challenging their unlawful arrest and detention by the police during the commissioning of the said headquarters on February 28, 2017.

In the judgement, Kolawole had imposed a fine of N12.5million against the police for illegally barricading and taking over possession of the office.

Earlier in his ruling on Monday, Justice Tsoho had dismissed an application filed by the Police, through its lawyer, James Idachaba.

In the failed application, the police had hidden under Section 330 of the Administration of Criminal Justice Act, 2015 and Section 14 of the Advanced Fee Fraud and other Related Offences Act to ask for an order of court to seal PCN headquarters.

The police application basically sought an order of court to grant temporary forfeiture of the property housing the National headquarters of Peace Corps of Nigeria.

Justice Tsoho said the application lacked merit, insisting that on the merit of the complainant’s application, “facts before the court glaringly showed that the police application was filed as an afterthought”.

Contrary to police claim that it did not seal the PCN’s office but merely maintaining normal observatory and routine patrol of a scene of crime, the judge noted that from a picture exhibit tendered by the defendant, “it doesn’t seem to show a mere police on patrol.

“The picture showed a policeman and a van standing firmly on ground, the court held.

Furthermore, Justice Tsoho said he was of the view that the application by the police was designed to legalise an illegality committed on February 28, 2017, and to perpetuate the act against the defendant.

“Court cannot be used to cover acts of illegality. In view of the foregoing, this application lacks merit and is accordingly dismissed” Justice Tsoho stated

Andrew Orolua, Abuja.