Prince Joseph Kpokpogri has filed
a lawsuit against his estranged lover Tonto Dikeh and the Department of State
Services, DSS.
Kpokpogri who is seeking the
enforcement of his fundamental rights filed the case before a Federal High
Court in Abuja.
In the case dated 20th September
2021 with Suit Number FHC/ABJ/CS/1092/2021, Kpokpogri prayed the court to stop
the DSS from further inviting him.
Prince Kpokpogri also through his
Lead Counsel Ovie Justice OJEFIA, Esq. is asking the court for an order
directing the Respondents jointly and severally to pay him the sum of
N10,000,000,000 (Ten Billion Naira) as compensation for the mental trauma,
emotional stress and severe damage caused him due to the invitation extended to
him.
Kpokpogri in the suit sought “A
declaration that the invitation extended to the applicant through telephone
call and a text message on Thursday, 16th September, 2021 by FCT Command of the
Department of State Services (DSS) with office at No. 7, Gamal Abdel-Nasser
Street, Off Julius Nyerere Crescent, Near Kapital Klub and Apartments, Asokoro,
FCT-Abuja being under the supervision and control of the 1st Respondent in
connection with an estranged romantic relationship between the Applicant and
2nd Respondent which the 1st Respondent knows is civil in nature contravenes
Sections 34, 35 and 41 of the 1999 Constitution of the Federal Republic of
Nigeria (as amended) and Articles 4, 5, 6 and 12 of the African Charter on
Human and People’s Rights (Ratification and Enforcement) Act Cap A9, Laws of
the Federation of Nigeria 2004 which guarantee the Applicant’s fundamental
rights to dignity of human person, personal liberty and freedom of movement and
same is unwarranted, illegal, unconstitutional, null and void.
“An order perpetually restraining
the 1st Respondent (Director-General of DSS) acting either by himself or
through his agents, officers and representatives from further inviting,
pestering, harassing and intimidating the Applicant by way of telephone calls,
text messages or letters asking the Applicant to report at FCT Command of the
Department of State Services (DSS) with office at No. 7, Gamal Abdel-Nasser
Street, Off Julius Nyerere Crescent, Near Kapital Klub and Apartments, Asokoro,
FCT-Abuja or any other location whether within or outside the Federal Capital
Territory Abuja in connection with an estranged romantic relationship between
the Applicant and 2nd Respondent which the 1st Respondent knows is civil in
nature.
“An order directing the Respondents
jointly and severally to pay the Applicant the sum of N10,000,000,000 (Ten
Billion Naira) as compensation for the mental trauma, emotional stress and
severe damage caused the Applicant due to the invitation extended to him
through telephone call and a text message on Thursday, 16th September, 2021 by
FCT Command of the Department of State Services (DSS) with office at No. 7,
Gamal Abdel-Nasser Street, Off Julius Nyerere Crescent, Near Kapital Klub and
Apartments, Asokoro, FCT-Abuja being under the supervision and control of the
1st Respondent in connection with an estranged romantic relationship between
the Applicant and 2nd Respondent which the 1st Respondent knows is civil in
nature.”
No date has been fixed for the
hearing of the case
In the affidavit in support of
the Originating Motion on Notice, Plaintiff deposed that he decided to rushed
to court to have his fundamental rights protected because they are being
threatened.
He said in the affidavit:
“That I had a romantic
relationship with Miss Tonto Dikeh being the 2nd Respondent herein for about
three months beginning from 3rd June, 2021 and the relationship ended on or
about 19th August, 2021.
”That the 2nd Respondent has
continuously issued oral threats against me that she is going to use all her
connections and contacts to bring me down to nothing simply because I separated
from her.
”That I am aware that the 2nd
Respondent engaged certain strange heavily built men with dark shades who
started tailing my movement around town shortly after 19th August 2021 when I
ended the romantic relationship with the 2nd Respondent.
”That I thereafter became worried
that the 2nd Respondent could execute her threats, considering her wide
popularity and connection in the Nigerian film industry.
”That at all times material to
our romantic relationship the 2nd Respondent always requested and I allowed her
to use my Black Colour Lexus SUV LX570 with Registration Number – ABJ 04 JN and
Chasis Number – JTJHY7AZ7H4237876. Copies of vehicle documents are attached as
EXHIBIT D.
”That upon my return from a trip
to Asaba, Delta State around 20th August, 2021 I discovered that the 2nd
Respondent had forcefully taken my said Black Colour Lexus SUV LX570 with
Registration Number – ABJ 04 JN and Chasis Number – JTJHY7AZ7H4237876 to her
residence being House 3A, No. 2, Ismaila Mamman Close, Katampe Extension,
FCT-Abuja. Picture of the vehicle is attached as EXHIBIT E.
”That all my efforts to recover
the said vehicle from the 2nd Respondent proved abortive as she gave a standing
instruction to the security men at her residence not to allow me or my driver
access to her residence to recover the vehicle.
”That during my birthday
celebration which took place on 27th June, 2021 the 2nd Respondent voluntarily
gifted me a Toyota Hilux in the presence of other persons without any papers
whatsoever to support the transfer of ownership from her to me.
”That because the 2nd Respondent
failed, refused and or neglected to hand over necessary documents of the Toyota
Hilux vehicle to me I requested her to come and take it back before our
relationship turned sour but she gave a deaf ear.
”That I eventually handed over
the Toyota Hilux vehicle to Force Criminal Investigation and Intelligence
Department (FCIID), Nigeria Police Force with office at Area 10, Garki,
FCT-Abuja for onward delivery to the 2nd Respondent. Copy of picture showing
the Toyota Hilux vehicle parked at the FCIID is attached as EXHIBIT F.
”That I was however surprised that
one Edwin Esq. of FCT Command of the Department of State Services (DSS) with
office at No. 7, Gamal Abdel-Nasser Street, Off Julius Nyerere Crescent, Near
Kapital Klub and Apartments, Asokoro, FCT-Abuja being under the supervision and
control of the 1st Respondent called me and sent a text message vide telephone
number 09052460445 on Thursday, 16th September, 2021 inviting me in connection
with my estranged relationship with the 2nd Respondent. Screenshot of the text
message is attached as EXHIBIT G.
”That the 2nd Respondent caused
Kanyi Daily to publicise untrue, fictitious and unsubstantiated story on the
same Thursday, 16th September, 2021 vide Kanyi Daily against the person of the
Applicant with the caption: “Tonto Dikeh’s Ex-lover, Prince Kpokpogri Arrested
By DSS Over Blackmail And Extortion”. Copy of the online newspaper publication
is attached as EXHIBIT H.
”That I verily believe that the
said invitation by the 1st Respondent is likely targeted at violating my
fundamental rights to dignity of human person, personal liberty and freedom of
movement, hence my filing of this suit.
”That I am aware that men and
officers of the 1st Respondent have been on my trail by tracking my telephone
lines and would not give me a breathing space to enjoy my fundamental rights
guaranteed under the laws as a free citizen of Nigeria.
”That the 2nd Respondent is
hell-bent on using men and officers of the 1st Respondent to invite, pester,
harass and intimidate me because she is a popular film actress and social media
influencer with lots of connections, contacts and followership within and
outside Nigeria.
”That it is based on this that I
have come before this Honourable Court to seek reprieve, refuge and enforcement
of my fundamental rights.
”That this Honourable Court is
the last hope of the common man, hence the need for it to compel the 2nd Respondent
to tender an unreserved apology to me whilst awarding compensation in the sum
of N10,000,000,000 (Ten Billion Naira) in my favour for the mental trauma,
emotional stress and severe damage I have suffered as a result of the issues
giving rise to this suit.
”That I verily believe that the
Respondents herein will not stop conniving to put me in harm’s way through
unwarranted, illegal and unconstitutional arrest and detention unless they are
restrained by this Honourable Court”.
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