Police Chief, Other Sued For ‘Seizure of Trucks'

     The Kwara State Commissioner of Police, Salihu Garba has been sued before a Lagos High Court, Ikeja by a firm for allegedly seizing two of its trucks.
      Garba is second respondent in a suit filed by a haulage firm, Johnson Frontline Services Limited against a Netherlands agro company, Terratiga Limited before Justice Owolabi Dabiri.
      Absence of the respondents and their counsel prompted the court to direct that all court processes be served on them, with the matter adjourned to November 26.


The haulage firm, in its motion on notice prayed for an interlocutory injunction directing the first respondent to immediately release the truck in its possession and an injunction directing the agro firm to authorise the Kwara State Police Command to release its truck? in the custody of Olooru Police Station.
In his affidavit in support of the motion on notice, the claimant’s managing director, Samuel Johnson alleged that on August 18, 2012, Terratiga Limited hired the claimant’s truck marked BOG685XB, to deliver 600 bags of animal feed concentrate to Dan Sarki Farm Limited in Abuja.
He said the vehicle unfortunately broke down in Oloowu which delayed the delivery of the goods.
According to him, the respondent later sent another vehicle to convey the goods back to Lagos despite the claimant’s plea that it should be taken to Abuja.
Johnson said the truck after repairs was unlawfully impounded by the Police at Olooru Police Station and has been there since September 17, 2012.
Upon request for another truck to convey the goods to Abuja, Johnson alleged that another truck was deployed to the first respondent’s premises which was also impounded.
Johnson said: “Pursuant to the respondent’s request, the claimant hired truck No. EPE 155 XB from Brand Clinic Nigeria Limited.
“Upon the arrival of the truck at the respondent’s factory, the respondent unlawfully impounded the said truck and it has remained impounded since September 17, 2012.”
According to him, the seizure of both trucks have been of great financial cost to the claimant and efforts to release them have met stiff opposition from the respondents.
But in its counter-affidavit deposed to by its Logistic Manager, Anthony Akran, the respondent said the claimant was indebted to his company to the tune of N948,300.
Akran said: “The actions of the claimant by delaying and ultimately failing to deliver the products to Dan Sarki Farms, one of the respondent’s major customers caused them a huge loss in their income from August 2012 till December 2012.”
He also denied that his company ordered the seizure of both trucks, adding that the fact of the matter was that the vehicles broke down and were yet to be retrieved by the claimant.
The respondent therefore urged the court to dismiss the claimant’s application with substantial cost in the interest of justice.
The matter has been fixed for November 26 for mention.