HOW/250/2022 INTERNATIONAL FEDERATION OF WOMEN LAWYERS FIDA (NIGERIA) (Suing on behalf of Hon. Princess Miriam Onuoha V. MR. KINGSLEY AZUBUIKE IBEZIM – DELIVERED ON THURSDAY, THE 2ND DAY OF MARCH, 2023 – BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA: – Fundamental Right – intimidation, harassment, threat, criminal assault, attempt of physical attack and threat to the right to personal liberty and integrity- threat to life is a criminal act that may lead to criminal prosecution – it can also give rise to civil action such as fundamental right enforcement action – the fact that people are married do not take away their right to life or other fundamental right secured by the Constitution. Issue of threat to life can also arise in and within a family – Activities or actions as may be tortuous but they are threat to rights to life and liberty as enshrined in the Constitution – Someone’s actions amount to harassment when they make the victim feel distressed, humiliated, threatened or fearful of further violence – Aggregate of behaviors such as intimidation and harassment, is mental and physical torture of the targeted person. It affects the dignity of human person – FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES, 2009has broadened the rights that can be enforced through the procedure of Fundamental Right Enforcement- the Universal Declaration of Human Rights has attained the status of customary international law, which means that all nations are bound to uphold its principles – Domestic violence violate victims human rights to life, health, personal freedom and security, as well as their right not to be tortured or exposed to other inhuman, cruel or degrading treatment – Right can be enforced against private individuals alone – in matter fought on affidavit evidence the parties have the right to file affidavit be it further or further counter affidavit in support of their case – the existence of alternative remedies does not foreclose the use of fundamental right enforcement procedure
IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THURSDAY, THE 2ND DAY OF MARCH, 2023 BEFORE...