“Police Have Duty To Investigate Crime”: Federal High Court Rejects Rev. Akanji’s Harassment Claims

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

In the suit marked FHC/ABJ/152/2025, Akanji listed the NPF, the Inspector General of Police (IGP), senior police officers CP Ajani Musibau Omolabi and DCP Rita Oki Oyintare, as well as the petitioner, Engineer Adekunle Mokuolu, among others, as respondents.

His counsel, Ovrawah Ogaga, SAN, sought a declaration that Akanji’s arrest and detention on 5 June 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 the alleged violation of his rights.

However, in his judgment, Justice Obiora Egwuatu held that the police acted within the scope of their duties and that Rev. Akanji 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 held, adding that the request by the police for the applicant to 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 penalised for performing their civic duty, referencing the popular adage, “If you see something, say something.”

Justice Egwuatu also noted that 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 marked 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.

Akanji, in an originating motion filed by his lawyer, among other things, demanded an order that the respondents pay, jointly and severally, the sum of N1 billion as compensation and damages for the harassment and expenses suffered during the violations and deprivation of his fundamental rights.

However, Mokuolu, in a counter-affidavit in opposition to the originating motion, maintained that his petition was filed in good faith to address the alleged abuse of office and financial irregularities against the church, insisting that the police acted within their legal mandate by inviting Akanji.

He insisted that the applicant was never arrested or detained as claimed but was released on bail based on self-recognition on the same day he was invited by the officers (first to sixth respondents).

Mokuolu dismissed Akanji’s claim of rights violation, noting that the matter has already resulted in criminal charges pending before the FCT High Court in Kwali in the suit marked CR/1045/24.

The seventh respondent told the court that granting the reliefs sought by Akanji would undermine ongoing judicial proceedings and noted that the first to sixth respondents have a duty to investigate crimes and were only carrying out their duty by inviting the applicant to assist with their investigation.

Mokuolu asked the court to dismiss the motion, arguing that the interest of justice would not be served if the application were granted.