Justice Nicholas Oweibo of the Federal High Court, Lagos has granted Zakatan Nigeria Limited and Mr. Uchechukwu Okeke the permission to serve writ of summons and other court processes by substituted service through a national daily newspaper against the Inspector General of Police (IGP) and two other defendants.
The two other defendants in the suit beside the IGP are the Divisional Police Officer (DPO), Tincan Port Police Division, Tincan Port, Apapa, Lagos State and a firm known as I smile Jesus Loves Me Nigeria Limited.
The order followed an ex parte motion filed by the applicants’ counsel dated and filed on March 31, 2023 before the court, praying for an order of substituted service of the writ of summons and all other processes of court on the defendant and for such other orders as the court may deem fit to make in the circumstance of the suit marked FHC/L/CS/700/2022.
After reading the affidavit in support of the motion ex parte sworn to by Vincent Ogbonna, counsel to the plaintiffs and hearing him move in terms of the motion papers, Justice Oweibo held: “It is hereby ordered as follows: That the application is granted as prayed; that an order is hereby made for substituted service of the writ of summons and all other processes of court in this suit on the defendants to wit, publishing the writ of summons and all other processes in one national daily newspaper and that the return date shall be November 13, 2023 for hearing.”
The plaintiffs had sued the defendants for allegedly detaching the 1st plaintiff’s trailer body and making away with it unlawfully.
According to their statement of claim, the 1st plaintiff is into goods transportation and owns a Ford 40 Feet Trailer with Lagos registration number WER729XX.
The plaintiff stated that the 2nd defendant on July 3, 2021 on the instruction of the 3rd defendant without any court order forcefully detached its trailer body and took it away with it from where it was parked for repairs and has continued to detain it till date.
“The 2nd defendant arrested and detained the 2nd plaintiff for nine hours on July 12, 2021 and has continued to threaten to arrest and detain him again unless the plaintiffs pay the sum of NI.5 million to the 3rd defendant,” the plaintiffs claim.
Consequently, the plaintiffs prayed the court to make a declaration that the forceful removal of the trailer body without any lawful court order is a violation of the 1st plaintiff’s right to own property as enshrined in section 44 of the 1999 Constitution of Nigeria (as altered).
“A declaration that the willful damage to vital components of the 1st plaintiff’s Tardier body like the latch, connecting pipes and catcher by officers of the 2nd defendant while forcefully pulling the Trailer body is a violation of the 1st plaintiffs right to own property as enshrined in section 44 of the 1999 Constitution of Nigeria (as altered).
“That the continued detention of the 1st plaintiff’s Trailer body by the 2nd defendant till date without any court order is a violation of the 1st plaintiff’s right to own property as enshrined in section 44 of the 1999 Constitution of Nigeria.
“That the arrest and detention of the 2nd plaintiff by officers of the 2nd defendant and forcing him to make a statement, is a violation of the 2nd plaintiff’s right to freedom of movement and personal liberty as enshrined in section 41 and Section 35 of the 1999 Constitution of Nigeria,” they prayed.
In addition, the plaintiffs want the court to declare that the demand by officers of the 2nd defendant that the plaintiffs must pay the sum of N1.5 million to the 3rd defendant is illegal and ultra vires the powers of the 2nd defendant.
“A declaration that the threat of further arrest and detention of the 2nd plaintiff by the 2nd defendant is illegal and runs contrary to the 2nd plaintiff’s right to freedom of movement and personal liberty as enshrined in sections 35 and 41 of the 1999 Constitution of Nigeria.
“An order mandating the 2nd defendant to immediately release the trailer body belonging to the 2nd plaintiff,” they asked the court.
The writ is supported by a 22-paragraph statement on oath deposed to, by Mr. Okeke, where he swore that the continuous detention of their trailer body has and is still causing great loss in revenue to their company as the truck would have generated over N2.5 million for the period it has been detained.
The deponent averred that sometime in the month of February 2021, the 3rd defendant retained their service to deliver a Grilmasi 40 feet container with container number GCNU4715350 to Odi-Olowu Warehouse at Ijesha on Oshodi-Apapa Express Road, Lagos State.
“That the said container was delivered by our truck with Lagos registration number WER 729XX. That our staff who is in charge of driving the trailer drove the said trailer and conveyed the said container to the said warehouse on February 17, 2021.
“That after offloading the goods in the container, officials of the Lagos State Task Force on obstruction impounded the trailer along with the container. The trailer and the container were released by the Lagos: State task force in May 2021.
“That upon its release, the trailer made the journey to return the container to the owners, Grilmaidi Agency Nigeria Ltd but had engine problems around mile 2 on Oshodi Apapa Expressway. That the Trailer with the container was parked in a park at Mile 2 for repairs.
“That on July 3, 2021, agents of the 3rd defendant, (I smile Jesus Loves Me Nigeria Ltd) and officers of the 2nd defendant without any court order forcefully detached the Trailer body from the main vehicle and made away with the trailer body with the container.
“That in the course of forcefully pulling the trailer body from the main vehicle, vital components like the Latch, connecting pipes and Catcher were destroyed. That the officers of the 2nd defendant arrested and detained me on July 12, 2021 and forcefully obtained a statement from me. That the Trailer body which was forcefully pulled from our Trailer is being detained by the officers of the defendant at their station in Tincan Island port Apapa, until date,” Okeke swore, adding that despite repeated demands for the release of the container body through their counsel, Ogbonna, the officers of the 2nd defendant have been adamant, instead asked them to pay N1.5million being expenses which they claimed to have incurred on demurrage and transportation of the container.
He added that the plaintiffs met with an agent of the 3rd defendant, one Mr Emeka, who insisted that their Trailer body should not be released by the police until they pay them the sum of N1.5 million.
His words: “Officers of the 2nd defendant through the I.P.O, Inspector Bisi has threatened to arrest and detain me indefinitely if we do not pay the 3rd defendant the sum of N1.5million on or before Friday, January 21, 2021.”
Insisting that he made the oath in good faith, Okeke prayed the court to grant the reliefs contained in the statement of claim.
But following the inability of the court bailiffs to effectively serve the defendants the court papers, the plaintiffs had to petition the court to order that they should be served through substituted means, which is a publication in the daily newspaper.