"On page 108 of the record of appeal, the learned trial Judge held thus: "In the present case, it is the duty of Arch. Ogan to show that the police was not exercising its undoubted powers in an appropriate manner. He has unfortunately not discharged this duty.

It is not enough to allege that the 1st and 2nd Respondents invited him to the Police Station repeatedly or that they arrested him. Where an application for enforcement of fundamental human rights alleges that the Police repeatedly invited him to the Police (sic) and was arrested and detained the burden on him not only to prove the repeated invitation, arrest and detention, he must also prove that such invitation, arrest and detention was unlawful. See the decision of the Court of Appeal in FAJEMIROKUN -V- COMMERCIAL BANK (CREDIT LYONNAIS) NIGERIA LTD & ANOR above..." With due respect to learned trial Judge, the authority he relied on above i.e. FAJEMIROKUN V. COMMERCIAL BANK NIGERIA LTD & ANOR is not on all fours with the facts of this case.

In that case (which went on appeal to the Supreme Court) the High Court of Lagos State struck out the application of the appellant, who brought an exparte application before it for enforcement of his fundamental rights against the respondents. He was granted leave to enforce his fundamental rights. Issues were joined the matter went to trial and the trial Court listened to the arguments of both sides and struck out the appellant's application. The appellant appealed to the Court of Appeal and the appeal was dismissed. Dissatisfied with the decision of the Court of Appeal the appellant further appealed to the Supreme Court which in the final analysis also dismissed the appeal and affirmed the decision of the Court of Appeal and trial Court. In doing so, the apex Court held on page 4 paragraphs C - E per OGEBE JSC as follows: "Generally, it is the duty of citizens of this country to report cases of commission of crime to the Police for their investigation and what happens after such report is entirely the responsibility of the Police.

The citizen cannot be held culpable for doing their civil duty unless it is shown that it is done mala fide." This decision by the apex Court in FAJEMIROKUN (Supra) placed the burden on the Police to investigate a report of a commission of an offence and not on the citizen who lodged the report."

Per SANGA, J.C.A.IN OGAN v. C.O.P RIVERS STATE & ORS CITATION: (2018) LPELR-44293(CA)