Chairman of Platform Capital, Dr Akintoye Akindele, has sued Inspector-General of Police, Kayode Egbetokun, and four others at Lagos Federal High Court for alleged illegal detention.
Respondents are the police, Summit Oil International, Zulikat Abiola, Duport Energy and Oluwatosin Odusanya.
In the fundamental rights suit filed by his lawyer, Chief Bolaji Ayorinde, the applicant is praying for an order mandating the police to release him, having been in detention for over 96 hours.
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The applicant is also praying for an order of an injunction restraining the respondents or their agents from further detaining, harassing him or violating his rights as guaranteed by 1999 Constitution and African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, 2004.
The applicant is also praying for “a declaration it is not the statutory function of the Police and IGP to act as debt recovery agents and extract payment terms from the applicant on contractual obligations between the applicant and the third to sixth respondents”.
Akindele wants the court to hold that his detention constitutes a violation of his right to personal liberty and freedom of movement.
He also wants the court to declare that the function of the police does not include oppression, harassment or abuse of powers “under the guise of investigation of the alleged offence of fraudulent diversion of funds and other undisclosed allegations”.
In a supporting affidavit deposed to by Adebanjo Ojedapo, a litigation manager in the law firm of B.A. Law LLP, the applicant said he is also the managing director/chief executive officer of Duport Midstream, a company engaged in crude oil refining and selling/supplying refined oil and gas products to downstream oil companies.
According to the deponent, by a Product Sale Agreement of October 11, 2017, Duport engaged Summit Oil to supply crude for operation of its Energy Park at Egbokor, Edo State.
He said the third respondent did not perform its obligations under the agreement.
This, the applicant said, resulted in Duport incurring losses and not being able to get feedstock.
He said by a Notice of Claim for Shortfall in Supply of Condensate dated September 3, 2021, the applicant’s company, Duport claimed against the third and fourth respondents $9,806,309.77 for shortfall the company suffered due to failure to supply crude oil as contracted.
The applicant said parties met and reconciled the amounts owed by both sides.
Parties agreed that the money would be satisfied by the third respondent by awarding Duport a 20 per cent discount off the purchase price of gas supplied to the latter subsequently.
The applicant added due to the perpetual failure of the third respondent to supply Energy Park with crude oil, the applicant, in his capacity as managing director/chief executive officer of Duport sought alternative crude supply to enable the company to carry out its mandate.
Dissatisfied with the applicant’s action, the third and fourth respondents, by a letter dated June 2, claimed Duport was indebted to Abiola for $5,732,407.14.
Duport said Summit Oil was equally indebted to it for $21,829,019.96 after the initial loss of $9,806,309.77 as of August 2021 had risen over the years.
Duport Midstream demanded a set off of the claimed $5,732,407.14 against its $21.8million and payment of the balance of $16,096,612.82 within seven days of receipt of the letter.
“The third respondent and the fourth respondent failed, neglected and refused to act upon the said letter,” the deponent stated.
It was alleged that Duport Midstream’s activities were disrupted, making it impossible for it to reach its commercial goal.
The applicant said he was eventually invited by the police over criminal conspiracy and stealing pursuant to a petition filed by the third to sixth respondents.
But the police, without waiting for the applicant to voluntarily report to its headquarters on July 31, 2023, arrested him in public at a hotel on Victoria Island, Lagos, at 10 a.m. on July 30, a day before his promised attendance.
Akindele said he was forcibly flown to the Force Headquarters in Abuja and is yet to be released for a bailable offence.