Police Has Powers to Investigate Criminal Allegations, Court Tells Clergyman

•Says arrest, invitation, probe based on petition not violation of fundamental rights

Alex Enumah in Abuja

Justice Obiora Egwuatu of a Federal High Court, Abuja on Monday declared that the Nigeria Police Force has the constitutional powers to investigate credible allegations of crime made against anyone.

Justice Egwuatu upheld the powers of the court while delivering judgment in a N1 billion fundamental rights enforcement suit filed by the President of the Nigerian Baptist Convention, Rev. (Dr.) Israel Akanji.

Rev. Akanji had sued the force for alleged harassment, smear campaign, and violation of his rights following a petition accusing him of forging the constitution of the First Baptist Church, Garki, Abuja, and misappropriating church funds.

Respondents in the suit marked: FHC/ABJ/152/2025, Akanji are; Nigeria Police Force, the Inspector General of Police, senior police officers – CP Ajani Musibau Omolabi and DCP Rita Oki Oyintare – as well as the petitioner, Engineer Adekunle Mokuolu, among others.

His counsel, Ovrawah Ogaga, SAN, had sought a declaration that Akanji’s arrest and detention on June 5, 2024, by the police based on Mokuolu’s petition, were unlawful and a violation of his fundamental rights.

He also sought an injunction restraining the police from further arresting or harassing him, as well as N1 billion in damages for alleged rights violations.

However, in his judgment, Justice Obiora Egwuatu held that the police acted within the scope of their duties and that the plaintiff failed to establish that his rights were violated.

“The police have a duty under the law to investigate any reasonable suspicion of a crime. The arrest or invitation for questioning based on a petition is not, in itself, a violation of fundamental rights,” the judge ruled.

The judge held that the request by the police, that the applicant make himself available subsequently does not violate his liberty as it is part of the investigation process.

He added that individuals who report suspected crimes cannot be penalized for performing their civic duty, referencing the popular adage: “If you see something, say something.”

Justice Egwuatu also noted the matter has already led to the filing of criminal charges currently pending before the High Court of the Federal Capital Territory (FCT), sitting in Kwali, in case number CR/1045/24.

He advised that any civil claims for damages or allegations of malice should be pursued only after the conclusion of the criminal trial and if Akanji is acquitted.