Category: Fundamental Right Enforcement

Fundamental Right Enforcement

BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA – SUIT NO HOW/416/2023 – CHIBUZOR AHAMEFULE V HRH EZE JUDE NWOGU & ORS – Attempt to enforce customary sanctions through means that directly conflict with constitutional protections- fundamental rights stand above the ordinary laws of the land- A banishment order is a direct violation of Section 41 of the Constitution-Whether customary law sanctions can override constitutional fundamental rights

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI BEFORE HIS LORDSHIP: - HON. JUSTICE...
Fundamental Right Enforcement

BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- SUIT NO. HOW/977/2023 – EMMANUEL T. OKPARA ESQ. AND GREEN AFRICA AIRWAYS LIMITED & ANOR – Violation of Transparency Obligations and Data Subject Information- Section 37 of the Nigerian Constitution- Nigeria Data Protection Regulation (NDPR)- Nigeria Data Protection Act 2023 (NDPA)- Is the fundamental right enforcement relief, in this case, the main relief or ancillary relief?- The court may grant only the reliefs that can be accommodated or covered under the Fundamental Right Enforcement procedure- a breach of the provisions of the Nigeria Data Protection Act, 2023 (NDPA) and the Nigeria Data Protection Regulation, 2019 (NDPR) can constitute an interference with the right to privacy as guaranteed under Section 37 of the Constitution of the Federal Republic of Nigeria, 1999- What right to privacy entails- Section 97 of Sheriffs and Civil Process Act, does not apply to fundamental right enforcement proceedings.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI THIS THURSDAY THE   31ST DAY OF...
Fundamental Right Enforcement

BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA – SUIT NO: HOW/386/2023- NZE ANTHONY MGBEMERE & ORS V. PASTOR IKEDI EKWONYE & ORS -In the absence of Counter Affidavit of the Respondents, the onus is still on the Applicants to prove their case- The general position of the law in Nigeria is that parties are expected to file all their evidence and submissions before the final hearing of a matter- However, the courts have also recognized the need for some flexibility, especially in the interest of doing substantial justice

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI BEFORE HIS LORDSHIP: - HON. JUSTICE...
Fundamental Right Enforcement

SUIT NO: HOW/194/2023- PROFESSOR BENARD ODOH VS. 1. INSPECTOR GENERAL OF POLICE 2. COMMISSIONER OF POLICE EBONYI STATE 3. THE STATE SECURITY SERVICE EBONYI STATE – BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THE 3RD DAY OF OCTOBER 2023- the importance of protecting fundamental rights, especially in cases involving political persecution-Duty of the party alleging violation of fundamental rights to present material facts before the Court.-principles related to arrests and detentions-arrests should be based on sufficient evidence -the Court to protect individuals’ rights when they are violated-duties and responsibilities of the Nigeria Police and the Department of State Services (DSS) in maintaining law and order and safeguarding national security-The importance of cooperation and coordination between law enforcement and security agencies and underscores the need to respect and protect human rights.

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE   3RD DAY OF OCTOBER 2023 BEFORE HIS LORDSHIP: -...
Fundamental Right Enforcement

SUIT NO: HOW/ 977/2022 -MISS. EMMANUELLA ONYINVECHI ONUOHA VS. FINCA MICROFINANCE BANK LTD, AMARA BLOSSOM- BEFORE HIS LORDSHIP: – HON. JUSTICE INNOCENT M. NJAKA – delivered ON THE 3RD DAY OF OCTOBER 2023- Fundamental Rights and Debt Recovery- Burden of Proof- Requirement for Substantiating Claims- Lack of Specific Evidence- Credibility of Allegations- Balancing Rights- Protecting Both Parties’ Interests- Encouragement of Mediation- Promoting Amicable Resolution-Constitutional Rights- Reminder of Guaranteed Protection- Establishing a Fair Payment Plan- Ensuring Repayment without Hardship

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI ON THE 3RD DAY OF OCTOBER 2023 BEFORE HIS LORDSHIP: - HON. JUSTICE...
Civil Cases Fundamental Right Enforcement

HOW/927/2022- Chima Ohahuna, Chukwuebuka Ohahuna VS Obilobi Boniface Okere, Commissioner of Police Imo State O/C Anti –Kidnapping Squad Department, Imo State Police Command, IPO Bube James – BEFORE HIS LORDSHIP: – HON. JUSTICE INNOCENT. M. NJAKA- delivered ON THE 3RD DAY OF OCTOBER 2023- Violation of Fundamental Rights and Unlawful Detention- Legality of Arrest and Complaint Validity-Entitlement to Declarations and Compensation-Arrest in lieu

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE   3RD  DAY OF OCTOBER 2023 BEFORE HIS LORDSHIP: -...
Fundamental Right Enforcement

SUIT NO: HOW/653 /2022 HON. JOHN NWAIGBO VS 1. MR. NORBERT OGONNA 2.MR. MARCEL NWOSU & 12Ors- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THURSDAY, THE 9TH DAY OF FEBRUARY 2023- in appropriate circumstances, rights can be enforced against private individuals. This principle is supported by various legal precedents, including the case of AKWA SAVINGS AND LOANS LTD. V. UDOUMANA & ORS, which established that the provisions in Chapter IV of the Constitution are enforceable not only against the State but also against artificial persons, such as private companies – citizens have a legal duty to report crimes they witness and to assist the police in investigations. This duty is imposed by law and is not subject to personal discretion. Failure to report a crime is considered an offense- the age-long rule and custom of Umuezealaopi Progressive Union, which requires members to seek the union’s resolution before involving the police or taking a matter to court – while such a rule may be acceptable in civil matters, it contradicts the law when it comes to criminal matters- Reporting a crime to the police is a civic duty, and any action taken against an individual for reporting a crime is considered illegal- right to freedom of association works both ways, meaning that individuals have the right to associate freely with others, but this does not obligate others to associate with them.- it is not the court’s role to interfere with the rules and regulations of voluntary associations, except when they violate the law or principles of natural justice.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THURSDAY, THE 9TH DAY OF FEBRUARY 2023 BEFORE...
Fundamental Right Enforcement

SUIT NO: HOW/951/2022 – DR CHIBUZOR NWANGUMA VS. 1. INSPECTOR GENERAL OF POLICE 2. THE AlG ZONE 9 UMUAHIA 3. OIC CRACK SQUAD, ZONE 9 UMUAHIA 4. DCP EDEM ITA SELONG, ZONE 9 UMUAHIA 5. COMMISSIONER OF POLICE ABIA STATE 6. MRS. J. N. ELEAZU 7. MR. OBINNA ELEAZU 8. DR. CHINEDUM ELEAZU (For himself and other members of Eleazu Family) – BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA -delivered ON THURSDAY, THE 9TH DAY OF FEBRUARY 2023 – the need for a fair investigation, adherence to the law, and protection of individual rights during the investigative process- importance of freedom of conscience and religion and the need to respect individuals’ beliefs and customs- in cases involving the alleged violation of fundamental rights, the burden of proof lies with the applicant. The applicant must provide concrete, cogent, and credible evidence to support their allegations of an imminent breach of their rights- Mere allegations or depositions in an affidavit are not sufficient to convince the court that there is a likelihood of an infringement of fundamental rights- The court cannot restrain the performance of a constitutional duty by the police, such as conducting an investigation. However, police investigations must be transparent and conducted in accordance with the principles of the rule of law. If the police are found to have acted outside the bounds of the law, an action for the enforcement of fundamental rights can be sustained against them- The court’s role in fundamental rights enforcement suits is to determine from the affidavits and documentary evidence whether the applicant’s rights have been breached, are being breached, or are likely to be breached. If the court cannot discern a breach or imminent breach of the applicant’s rights, it has a duty to dismiss the action or make appropriate orders as justice requires.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THURSDAY, THE 9TH DAY OF FEBRUARY 2023 BEFORE...
Fundamental Right Enforcement

SUIT NO: HOW/714/2022-MRS. LUCY NJIDEKA EZE-ANYADIKE V 1. MR. JONATHAN CHUKWUDUBEM MENEKE 2. INSPECTOR PEACE OPARAUGO 3. COMMISSIONER OF POLICE, IMO STATE 4. THE NIGERIA POLICE FORCE – BEFORE HIS LORDSHIP:- HON. JUSTICE I. M. NJAKA – delivered ON WEDNESDAY, THE 15TH DAY OF FEBRUARY 2023For an applicant to be entitled to declaratory relief, they must clearly demonstrate that their rights have been, are being, or are likely to be violated or infringed – The applicant has the duty to provide all necessary facts to enable the court to determine the case, especially in cases where the evidence is primarily based on affidavits- fundamental human rights are not absolute and can be limited by the law, especially in cases where a citizen is facing a criminal trial with serious penalties- citizens have the right to report crimes to the police, and they cannot be held culpable for doing so unless it is proven that the report was made maliciously. any detention, no matter how short, can constitute a breach of fundamental rights if it is found to be unlawful or wrongful- the privacy of Nigerian citizens’ homes and communications is guaranteed by the constitution but its violation can be reasonably justifiable in a democratic society for purposes of defense, public safety, public order, public morality, or public health, as well as for protecting the rights and freedom of others-the police may search a house without a warrant in exceptional cases where evidence is likely to be destroyed, concealed, or in danger of being destroyed. However, such searches must be transparent and conducted in accordance with the rule of law -unless there is clear evidence of a person directing or propelling the activities of the police, they may not be held responsible for the steps taken by the police in the exercise of their constitutional duties- the use of handcuffs during an arrest and the involvement of the police in money recovery, is not justifiable.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON WEDNESDAY, THE 15TH DAY OF FEBRUARY 2023 BEFORE...
Fundamental Right Enforcement

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

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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...
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