Justice Yelim Bogoro of a Federal High Court in Lagos has restrained the police and three others from arresting three businessmen, pending the hearing and determination of a fundamental rights enforcement suit filed by them.
Those affected by the restraining order are: Assistant Inspector General of Police, Zone 7, Abuja; ACP Okebechi G. Agora; Edward Ahule and a new generation bank. The businessmen covered by the order are; Joseph Oghenechuko Muagba, Mike Muagba and Christian Usino.
Justice Bogoro made the interim order following the granting of an exparte motion filed and argued by the businessmen’s lawyer, Esezoobo Johnson.
It would be recalled that the businessmen’s lawyer had approached the court with a motion ex-parte dated January 26, 2023, but filed on January 27, 2023, for an interim order of injunction restraining all the respondents, jointly and severally whether by themselves, their agents, servants, subordinate officers and or privies, however called or described from inviting or enforcing, through telephone, written or WhatsApp Invitation to meet them or the second respondent or any other officer or officers for an interview of or for any purpose, whatsoever, pending the hearing and or determination of the substantive suit.
After entertaining arguments from the businessmen’s lawyer, Justice Bogoro held that: “I have considered the ex-parte application before the court, I have equally considered the affidavit in support, the affidavit of urgency and the written address. I have also considered Exhibit “A” attached to the affidavit.
“Having considered all these, I find merit in the application and I grant the application. I hereby make this order; “That an interim order of injunction is hereby made restraining the 2nd respondent jointly and severally, whether by themselves, their agents, servants, subordinate officers and or privies from arresting and detaining the applicants pending the hearing and determination of this suit”.
The judge however held that “by this order, this court has not and shall not stop the respondents from inviting the applicants for any further interview or investigation pending the hearing and determination of the suit”.
The case has been adjourned to April 9, 2023, for report of service of the court’s orders and serving of all processes in the substantive suit on all respondents
