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N118m Dud Cheque: Police Ask Court To Dismiss Prophet Samson Ayorinde’s Suit written by Paul Sanusi, Lagos

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The Lagos Command of Nigeria Police Force (NPF), has asked Ikeja High Court of Lagos State, to dismiss a fundamental rights suit filed against the Police and three others  by Pastor Samson Ayorinde of the World Evangelism Church, 5-7, Ojota-Ogudu road, Lagos, over investigation on alleged issuance of N118 million dud cheques.
Ayorinde and others have instituted the suit through their lawyer, Emmanuel B. Benjamin, against Mr. Oludare Amos Aturamu, Mrs. Kemi Adesanya, Smart Link Property Services, Commissioner of Police, Lagos, Deputy Commissioner of Police (DCP) in-charge of State Criminal Intelligence and Investigation Department (SCIID) Panti, Lagos, and Officer-Charge of Assistant Commissioner Section, and SP Alhaji Aminu, both of SCIID, Panti, Lagos, respectively.
Ayorinde alongside the Registered Trustees of World Evangelism Incorporated and Revered Harold Chinoyerem have instituted a fundamental rights suit marked D/6724MFHR/2018, before the court seeking a declaration that their harassment, intimidation, threat of arrest, detention and invitation by the police at the instance of Smartlink properties services is violation of the fundamental rights to personal liberty as guaranteed under section 34 and 35 of Nigeria constitution.
Ayorinde and others also asked  the court to restrain the police, their agents, privies, servants from inviting, arresting, detaining, harassing and molesting or any manner infringing on their rights. And an order restraining the police from publishing their names in any police bulletin or any medium for the purpose of declaring them wanted.
They are  also asking the court to order the police to pay them the sum of N4 million, as compensation for breach of their fundamental rights
However, the  Police in an affidavit filed before the court urged the court to dismissed Ayorinde’s suit.
The affidavit filed before the court by Police lawyer, S. A. Adebesin, averred that it received a petition from Aturamu Dare, Adesanya kemi and Smart Link Properties Services, where they alleged that Prophet  Samson Ayorinde obtained a bridging loan of N30 million from them sometimes in August 2016, for the expansion of his church, with he promise that the loan will be refunded  within two months with interest rate of 30 percent, and issued postdated cheques of 118M drawn from his personal account and that of his church which were all returned unpaid.
Police also stated that Ayorinde is being investigated on a criminal complaint of issuance of this reported dud cheques. And upon receiving the complaint, Ayorinde never presented himself  to the police. But sometimes in August 2017, he volunteered a statement in reaction to the allegation against him which he confirmed in his statement written and he was granted administrative bail.
The police further stated that all the depositions made by Ayorinde were not only false, but untrue. Adding that Ayorinde and other applicants cannot use their suit to stop the police from carry out its constitutional duties of investigating  alleged crimes.
Consequently, the police urged the court to dismiss the applicants’ fundamental rights suit with substantive and punitive cost.
Meanwhile, the trial judge, Justice Y.A. Adesanya has fixed June 21 for hearing the application.

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