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Allegations of Police Overreach Surface as Osogbo Lawyer Is Arrested Amid Pending N500 million Fundamental Enforcement against Police
Allegations of Police Overreach Surface as Osogbo Lawyer Is Arrested Amid Pending N500 million Fundamental Enforcement against Police
AJAGBE ADEYEMI TESLIM
SPONSORED BY: H&H
Fresh concerns are emerging within Nigeria’s legal community following the arrest and detention of an Osogbo-based lawyer, Barrister Lekan Alabi, by operatives of the Special Weapons and Tactics (SWAT) unit, allegedly over a land dispute currently before the Osun State High Court.
The arrest, which sources described as sudden and controversial, is raising wider questions about possible police interference in matters already undergoing judicial review, particularly where courts have delivered judgement and exparte before the Court.
Legal analysts warned that the development may test Nigeria’s commitment to due process and the long-standing legal doctrine designed to prevent what is commonly described as “judicial ambush” — a situation where one party is caught unprepared due to undisclosed evidence or external pressure during ongoing litigation.
The Principle at Stake in the
Courts of competent jurisdiction traditionally emphasise full and timely disclosure of evidence to ensure fairness to all parties.
Legal scholars maintain that the credibility of the judiciary depends heavily on strict adherence to this principle.
The sensitivity surrounding judicial impartiality is underscored by historical precedents.
In one widely cited case, a man sentenced to death after nearly two decades of litigation was granted a retrial after his counsel uncovered that the trial judge had previously acted as legal counsel to a party connected to the dispute.
Although there was no proven evidence of bias, legal authorities ruled that the mere possibility or appearance of conflict of interest was sufficient to compromise public trust.
The court consequently halted the execution and ordered a fresh trial before a different judge.
Legal observers argue that such precedents establish that justice must not only be done but must also be seen to be done — a standard now being referenced in discussions surrounding Barrister Alabi’s arrest.
Inside the Osogbo Arrest,
Multiple sources familiar with the incident disclosed that SWAT operatives from Abuja reportedly stormed Barrister Alabi’s office on Tuesday afternoon in what eyewitnesses described as a coordinated operation.
He was allegedly handcuffed and detained at the State Criminal Investigation Department (SCID) office located at Ring Road, Osogbo.
Sources within the legal circle further claimed that preparations were being made to transfer him to Abuja for further questioning on land matter which State High Court delivered the sound judgement,instead to advise the aggrieved party to approach the Court of Appeal as earlier advised by the same Nigeria Police Force.
Attempts to obtain official confirmation from SWAT authorities were unsuccessful as of press time.
Investigations revealed that Barrister Alabi has been involved in a contentious land dispute that has lingered in Osun State courts for several years.
The case, according to court documents reviewed by legal observers, had earlier undergone judicial scrutiny leading to the judgement by the State High Court in 1997 with cost against the judgement debtor which made the judgement debtor to abandon the appeal 28 years ago.
Notably, insiders disclosed that a date for the eforcement application before the State High Court has been fixed — a development that has intensified concerns about the timing of the arrest.
Pattern of Invitations and Arrests Raises Questions,sources close to the dispute revealed that the lawyer had previously received multiple police invitations relating to the same land matter from SWAT which he honoured.
Critics argue that the repeated involvement of SWAT — a tactical unit primarily established to combat violent crime — in a civil land dispute raises significant procedural and jurisdictional questions.
Legal practitioners monitoring the situation have privately expressed fears that such actions, if unchecked, could create a chilling effect on lawyers representing clients in contentious cases.
Growing Institutional Concerns,
the development comes amid renewed warnings from key regulatory bodies against police interference in civil disputes.
The Chairman of the Police Service Commission, DIG Hashimu Argungu, had recently reaffirmed the Commission’s resolve to sanction officers found violating human rights or unlawfully intervening in land disputes.
Similarly, the President of the Nigerian Bar Association (NBA), Mr. Maxi Afam Osigwe, SAN, had earlier criticised police involvement in prosecutorial decisions, particularly instances where law officers were questioned or invited for exercising their constitutional powers, including entering a nolle prosequi.
Osigwe warned that such actions risk undermining Nigeria’s constitutional safeguards and could erode the independence of legal and prosecutorial institutions.
Broader Implications for the Justice System,legal experts consulted during this investigation warn that if law enforcement agencies begin to play active roles in disputes already before courts, it could blur the delicate boundary between investigation and adjudication.
They argued that the rule of law depends heavily on each institution operating strictly within its constitutional mandate.
Observers are therefore closely watching how authorities will address the controversy surrounding Barrister Alabi’s detention, noting that the outcome may set important precedents regarding police conduct in ongoing judicial matters.
As of the time of filing this report, Barrister Alabi remains in custody at the SCID,Osogbo, while legal stakeholders continue to call for transparency, due process, and respect for judicial independence.
Meanwhile,the Zonal Command of the Nigeria Police Force(NPF),Zone XI,Osogbo,Osun State, had earlier intervened in the matter where they demanded from one Teslim Olaiya Latona who is now using operatives of SWAT to produce his title document to the disputed plot of land so as to give opportunity to the Police advise the parties accordingly but he(Latona) refused to bring out his title document,believing that he would use the Abuja Police(SWAT) which they would not ask for his land tittle documents before they descent to persecute and victimise
the Lawyer of the judgement creditor,Barrister Lekan Alabi.