Court stops IGP from declaring Nigerian citizen in US wanted, grants leave to quash attempt, as applicant seeks N200m reputational loss against Police, others

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In set above, Mr. Kayode Egbetokuun, IGP.

By Ibeawuchi Uwaleke, Publisher, Advocate News Online.

A Federal High Court sitting in Ikoyi, Lagos has granted a Nigerian citizen living in the United States of America, (USA), Mr. Rolland Oluwasegun Elusoji, leave to apply for a judicial review by way of orders of certiorari, prohibition and injunction against his unlawful declaration as wanted by the Nigeria Police.

The leave granted to the applicant, Mr. Elusoji, according to the trial judge, Justice Daniel Osiagor, shall operate as a stay of all actions, steps, or processes connected with or relating to the said declaration of the applicant as wanted pending the determination of the motion on notice.

The judge took this decision after hearing the counsel to the applicant, Dr. Wahab Shittu, SAN leading Oluyemi Osalusi, Esq, and Nifemi Ademosu, Esq, move the court in terms of the motion paper; and after reading the affidavit in support of the motion ex parte, the exhibits attached and the written address dated and filed on the 23^rd of September, 2025 in the Federal High Court Registry, deposed to by Ayokunmi Adegbemi, Esq, male, legal practitioner of the law firm of W.K. Shittu SAN & Co., 97, Allen Avenue, Ikeja, Lagos.

Justice Osiagor, thereafter, adjourned the matter to October 31, 2025 to hear the parties on motion on notice.

The respondents in the matter include the Commissioner of Police, Special Fraud Unit, Lagos and the Inspector General of Police.

In a similar action brought by the applicant at a Lagos High Court to enforce his fundamental rights, he has filed an originating motion on notice against the following respondents: Adeseye Joseph Famojuro; Chief Oluremi Adiukwu; Ms. Funmilayo Oladejo; Ayodele Sunday Adekanmbi and the Commissioner of Police, Special Fraud Unit, Lagos.

The originating motion on notice was brought by Dr. Shittu, SAN, on behalf of Mr. Elusoji, the applicant, in which he is seeking for a declaration that the petition filed by the 2^nd and 3^rd respondents against the applicant and the resultant invitation by the 5^th respondent without cause constitutes a likelihood of an infringement of his fundamental rights guaranteed under sections 34, 35, and 41 of the 1999 Constitution (as amended).

He is also seeking for another declaration that the petition filed by the 2^nd and 3^rd Respondents against the applicant and the resultant invitation by the 5^th respondent with a view to investigating or resolving a failed civil transaction that took place outside the shores of Nigeria were actuated by malice, bias and the desire to misuse or pervert the system of administration of justice and therefore amount to abuse of process of law.

Again, he is praying for a further declaration that the invitation of the applicant by the 5^th respondent on the instigation of the 2^nd respondent without tangible proof or any documentary evidence constitutes a veritable likely violation of the applicant’s fundamental rights guaranteed under sections 34, 35, and 41 of the 1999 Constitution (as amended), and a subversion of the rule of law.

He also seeks another declaration that the actions of the 1^st to 4^th respondents in involving the police through a Petition by the 2^nd respondent on phantom, trumped up allegations and the subsequent invitation of the applicant by the 5^th Respondent amounts to an act of intimidation, harassment, and abuse of legal process.

He further prays the court for yet another declarationthat the Nigeria Police Force is not a debt recovery agency.

Elusoji therefore asked the court for an order restraining the respondents, whether by themselves, their agents, officers, privies, or any other person acting on their behalf, from harassing and/or further harassing or threatening to violate the applicants’ right to liberty or inviting them for questioning over unsubstantiated allegations from anonymous petitioners.

And another order directing the respondents to issue a written public apology to the applicant for the unlawful harassment and intimidation meted out against him.

And a further order for the payment to the applicant of the sum of Two Hundred Million Naira (₦200,000,000)as general damages against the 1^st to 4^th respondents jointly and severally for the emotional distress, psychological trauma, loss of time, financial loss, reputational loss, Defamation and disruption of the applicant’s business and personal engagements caused by their unlawful actions.

In a 26-paragraph affidavit deposed to by the applicant himself, Elusoji, he averred as follow:

That I am the Applicant in this suit and by virtue of which I am conversant with the facts of this case.

That the 1^st Respondent is an acquaintance of mine with whom I had several business dealings in the past and is currently an aide to the Oyo State Executive Governor.

That I do not know the 2^nd Respondent and I have never had any dealings whatsoever with the 2^nd Respondent.

That I do not know the 3^rd Respondent in this case and I have NEVER had any dealings with the 3^rd Respondent.

That the 4^th Respondent is also an acquaintance of mine, is visually impaired, is a colleague of the 1^st Respondent, is known to me and is currently the Director General of the Oyo State Agency for People with Disabilities.

That I was informed by my parents Mr and Mrs Elusoji at about 11am on March 25, 2025 through WhatsApp that the 5^th Respondent in this case had sent me two invitations dated February 20, 2025 and March 21, 2025, inviting me to their office for questioning with respect to an anonymous Petition submitted against me. Attached as Exhibit E1is copy of the invitation Letter.

That the two invitations above were sent to my parents by the 2^nd Respondent and the 2^nd Respondent’s proximity to the 1^st, 2^nd, 3^rd, 4^th and 5^th Respondents can be said to be tight, which gave the 2^nd Respondent access to the said invitations in the first place.

That I am still at a loss as to the identity of the Petitioner who filed the undated and unheaded Petition against me at the Special Fraud Unit as the Petition does not carry the name or address of the Petitioner. Attached as Exhibit E2 is a copy of the said Petition.

That the 1^st and 4^th Respondents and myself were very good friends at a point and we had a great relationship that went sour with time due to some circumstances I could not tolerate.

That I never at any point in time engaged in any failed transaction relating to the purchase of a Mercedes Benz GL 65 with the 1^st to 4^th Respondents as they claimed in the anonymous petition which led to the double invitations by the 5^th Respondent; the 1^st Respondent initially attempted to buy it from me but the sale did not work out as he refused to send the money to fund the purchase.

That the 4^th Respondent also claimed in the petition that he inspected the vehicle when he came to visit me in Texas, which he actually did but there was no payment to back the sale up.

That even if the 4^th Respondent had inspected the vehicle, inspection of a goods alone without more does not indicate or translate that title had passed from owner to the person inspecting.

That all the allegations of sale of the car made in the petition was never substantiated or backed by any receipt of sale or transfer of ownership.

That I had rented the 1^st Respondent’s family i.e. one Bosede Waldon Famojuro the 1^st Respondent wife; Oluwanifemi Famojuro the 1^st Respondent’s son; and another family member, on a monthly rental basis, my property situated at 15751 Rosemary Hill Lane, Conroe, Texas 77302 for about 3 years and they were in default of rent, I requested they vacated, the family declined to vacate and I had to take out an eviction Notice against them sometimes in June 2024. A copy of the Eviction Notice is hereby attached as Exhibit E3.

That the property they claimed in the Petition to have paid me for is a property that is jointly owned by myself and my wife Ayodeji Elusoji and it was purchased on loan and we are required by law to make monthly remittances to the Lender, Primelending, a plains Capital Company. Attached as Exhibit E4 is a copy of the Closing Disclosure Loan Form.

That the Mercedes Benz car was parked on the premises of the above property and when the 1^st respondent’s family eventually moved, the vehicle disappeared; when I asked Bosede Waldon Famojuro, and even instituted a missing car complaint with the Montgomery County Sheriff’s Office, the 1^ST Respondent wife, son and other family members outright denied knowledge of the vehicle’s whereabouts. The Sheriff investigated and eventually found the vehicle hidden in the garage of the 1^st Respondent’s family. Attached as Exhibit E5 is a copy of the with the Montgomery County Sheriff’s Office Officer’s Report.

 That I categorically state and reiterate that I do not have business dealings with the 1^st to 4^th Respondents, their privies, agents, representatives or lackeys or any other juristic persons they could be affiliated or associated with.

That the 1^ST Respondent constantly requests cash loans and he never pays back after I obliged him and on several occasions I have had cause to assist the 1^st Respondent with cash gifts for school fees support for his son, furniture purchase for his house and personal support.

That I know for a fact that receiving monetary gift from an acquaintance does not constitute fraud as the 1^st to 4^th Respondents claimed in their petition to the 5^th Respondent.

That the 1^st Respondent had filed a similar petition with the District Court of Montgomery County of Texas in CAUSE NO 24-06-09779 against my wife and I where he made spurious, baseless and unsubstantiated monetary claims against us.A copy of the Court Process is hereby attached as Exhibit E6.

That the above case is still pending and had not been decided on.

That I deliberately distanced myself from the 1^st, 2^nd and 4^th Respondents when their conversations started tilting towards getting me involved in illegal financial activities and being a law-abiding citizen resident in Texas, USA, I did not want my hard-earned reputation to be soiled.

That I also instructed my Retained Attorneys WAHAB Shittu SAN & CO, to write a Petition to the Economic and Financial Crimes Commission against the 1^st Respondent, 4^th Respondent and their cohorts that I believe are involved in shady financial deals. A copy of the acknowledgment of the Petition is hereby attached as Exhibit E7.

That I also instructed my Retained Attorneys WAHAB Shittu SAN & CO, to write a formal response to the 1^st to 4^th Respondent’s Petition to the 5^th Respondent against me. A copy of the acknowledgment copy of my formal response is hereby attached as Exhibit E8.

That unless restrained by this Honourable Court, the Respondents will continue to harass me, intrude in my private affairs, continually despoil my reputation, make false and baseless accusations against me and interfere with my rights to privacy, dignity of human person, right to fair hearing and access to justice.

That I make this affidavit in good faith, believing the contents to be true and correct, and in accordance with the Oaths Laws of Lagos State, 2015.