Category: Fundamental Right Enforcement

Fundamental Right Enforcement

SUIT NO: HAM/63/2018- MR. BENEDICT IROEGBU & ORS V. . MR. RICHARD UMEZURIKE & ORS -DELIVERED ON, TUESDAY, 11TH June 2020- BEFORE HIS LORDSHIP: – HON. JUSTICE I.M. NJAKA: -Whether Divisional Police Officers, Area Commanders, Assistant Inspector General of Police, Zonal Command should be treated as juristic personalities that can sue and be sued. – Whether where the police officer is on the frolic of his own but with materials supplied to him by his master, the master will still be liable – Whether in all actions against the Police, irrespective of rank, naming the Inspector General of Police as a party or the Commissioner of police as the case may be is enough – Whether the victim of the alleged violation of right has a choice to sue the actual offender severally or jointly with his master- Whether Nigeria Police Regulation is a subsidiary legislation pursuant to section 46 of the Police Act- Joint Fundamental Right application: whether AN APPLICATION CAN BE FILED BY TWO OR MORE PERSONS FOR ENFORCEMENT OF FUNDAMENTAL RIGHT – Everything is to be understood as permissible until it is shown to be prohibited by law- The Fundamental Right Enforcement Procedure Rules 2009 has the force of law like the Constitution itself – It is the duty of every citizen to report crime the shield over the complainant is removed where the petition or claimant is found to be made malafide, maliciously or falsely- When a matter is sub judice, a report or complaint to the police or involvement of the police to the detriment of any of the parties before the court depending on the facts of the case will amount to violation of his rights – Where the arrest and detention of a person are unlawful and unconstitutional any subsequent arraignment of that person before a Court of law cannot and would not cure the illegality or unconstitutionality

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU MBAISE ON, TUESDAY, 11TH June 2020. BEFORE HIS LORDSHIP: - HON. JUSTICE I.M....
Fundamental Right Enforcement

HAM/70/2019-MRS. VICTORIA IFEOMA ELEGALAM V. MR. VICTOR ELEGALAM & ORS – DELIVERED ON THE 11TH DAY OF JUNE 2020 BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA-FUNDAMENTAL RIGHTS- main relief and the ancillary relief- A claim under the common law can properly be joined in an application under the constitution-court may grant only the reliefs that can be accommodated or covered under the Fundamental Right Enforcement procedure and strike out others-section 3 (b) (i) (ii) of the FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES, 2009-Women and Widows Rights-there may be no right of inheritance specifically under Chapter IV of the Constitution, there is a right to property irrespective of how the property is acquired-Right of Inheritance is devolution of the property, titles, debts, rights, and obligations to another person on the death of an individual-Non joining of Nigerian Police

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IN THE HIGH COURT OF IMO STATE IN THE MBAISE JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, AHIAZU MBAISE ON THE 11TH DAY OF JUNE 2020 BEFORE HIS LORDSHIP:...
Fundamental Right Enforcement

SUIT NO: HOW /899/18-MISS CHINAZA SUNDAY AGBO MR. JUSTICE UCHENDU MR. CHINEDU REGINALD MR. CHRISTOPHER UGORJI MR. N. ANAYO COMFORT MISS. OBILOR CYNTHIA MR. N. PETERS MR. NDU EMMANUEL CHIMEZE MR. IKECHUKEU OPARA MR. IJEZIE UCHENNA  MR. ODUNZE DARLINGTON MISS. OKEROAFOR NGOZI MR. FRIDAY GRACE MISS. OPARAUGO CONFIDENCE MR. NWOLI ENOCH MR. UKPE HOPE MR. AUSTIN NKWOCHA CHIGOZIE NWAGBO ELIZEBETH ETUKUDO IKORO EMEZUO UGOCHI FAITH VS. MR. SANDEEP, MD, SEEPCO MR. KASI RAO, BASE MANAGER, SEEPCO MR. BROWN, CHIEF SECURITY OFFICER , STERLING ENERGY EXPLORATION & PRODUCTION LIMITED, SEEPCO. STERLING GLOBAL OIL INSPECTOR NKECHI COMMISSIONER OF POLICE, IMO STATE, EBONY TIME PREMIUM LIMITED-Delivered ON THE 1ST DAY OF JULY 2021 By- HON. JUSTICE INNOCENT. M. NJAKA- Preliminary objection in Fundamental Right Application- Jurisdiction of State High Court and National Industrial Court- Labour matters- Report to the Police by Employer- Criminal allegation against the Applicants, the invitation of the Police into labour and contractual matter, their arrest and detention by the Police, their arraignment before the court on what turned out to be a spurious charge

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI ON THE 1ST DAY OF JULY 2021 BEFORE HIS LORDSHIP: - HON. JUSTICE...
Fundamental Right Enforcement

SUIT NO.:- HOW/807/2020 – PETER CHUKWUEMEKA AMADI V. 1.ASS. INSPECTOR GENERAL OF POLICE ZONE 9 UMUAHIA 2.COMMISSIONER OF POLICE IMO STATE3.DCP IHEIKWUMERE (COMMANDER MONITORING UNIT) 4.CP FABIAN OJIRI (RTD) 5.JOE EKWEBELEM 6.OHA BEN OPARA – delivered ON THE 29TH DAY OF JUNE 2021 By HON. JUSTICE INNOCENT M. NJAKA: – Nigeria Police Force – a necessary party in a fundamental right application-the seizure of the Applicant’s phone – an unlawful invasion of his right to privacy-The filming or photograph of government officials engaged in their duties in a public place, including police officers

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI ON THE 29TH DAY OF JUNE 2021  BEFORE HIS LORDSHIP: - HON. JUSTICE...
Fundamental Right Enforcement

SUIT NO: HOW/421/2020- NGOZI OBI-OSUAGWU V. 1.SNOW CHARLES OZURUMBA(Nee Bernard Enweremadu) 2.FRIDAY SHAIBU (IGP Force Headquarters Abuja) 3. AIG BABA TIJANI (AIG Zone 9, Umuahia, Abia State) 4.INSPECTOR GENERAL OF POLICE -delivered ON THE 30TH DAY OF JUNE 2021 By HON. JUSTICE INNOCENT. M. NJAKA- Where depositions on material facts in an affidavit in support of an application are not denied

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI ON THE 30TH DAY OF JUNE 2021 BEFORE HIS LORDSHIP: - HON. JUSTICE...
Fundamental Right Enforcement

HOW/228/2020-MR. PETER CHIMEZIE OGBO V. 1.MR ATHANASIUS C. OGOH 2. INSPECTOR GENERAL OF POLICE LOIUS EDETH ABUJA 3.YERIMA IRIMIYA FYARAH(AIG ZONE 9) UMUAHIA, ABIA STATE 4.INSPECTOR BONIFACE INAUGWU (IPO) ZONE 9 UMUAHIA- delivered ON THE 6TH DAY OF JULY 2021 By HON. JUSTICE INNOCENT. M. NJAKA- detention of a person on a reasonable suspicion of his having committed an offence-When the police detain and fails to charge a person to court after the period prescribed in Section 35 (4) of the constitution- Once parties have turned their dispute over to the courts for determination

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI ON THE 6TH DAY OF JULY 2021  BEFORE HIS LORDSHIP: - HON. JUSTICE...
Fundamental Right Enforcement

SUIT NO: HOW/43/2021- 1.MR. EMENIKE ALOZIE 2.AGUPULAM ALOZIE3.GAZIE ALOZIE 4.BARTHOLOMEW NWACHUKWU V. 1.MR. SYDNEY IHEANYI AKAMIKE 2.THE ASSISTANT INSPECTOR GENERAL OF POLICE, ZONE 9, UMUAHIA.3. INSPECTOR JONAHSON – delivered ON THE 29TH DAY OF JUNE 2021 by HON. JUSTICE INNOCENT M. NJAKA- A person who maliciously or wrongly procured the Police to violate the rights of a citizen is also liable for any wrong step taking by the Police in the process.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI ON THE 29TH DAY OF JUNE 2021 BEFORE HIS LORDSHIP: - HON. JUSTICE...
Fundamental Right Enforcement

SUIT NO: HOW/49/2020-EMEKA HENRY OKPARA V. 1.COMMISSIONER OF POLICE, IMO STATE 2.DIRECTORATE OF STATE SERVICES -Delivered ON THE 30TH DAY OF JUNE 2021 by HON. JUSTICE INNOCENT. M. NJAKA-Absence of the Respondent does not reduce the burden placed on the Applicant to prove his allegation of torture- Application for enforcement of right while standing criminal trial

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI ON THE 30TH DAY OF JUNE 2021  BEFORE HIS LORDSHIP: - HON. JUSTICE...
Fundamental Right Enforcement

HOW/304/2020- PRINCE ALFRED AMOBI UGOCHUKWU V 1. ATTORNEY GENERAL OF IMO STATE, 2. GOVERNOR OF IMO STATE 3. IMO STATE GOVERNMENT 4. IMO STATE HOUSE OF ASSEMBLY delivered ON THE 3RD DAY OF MARCH, 2021-POINTS:- Limitation Law-Determining the period of Limitation-Cause of action- government is a continuum- an action challenging the validity of legislation cannot be statute barred- Locus standi- public interest litigation -private individual locus standi with respect to a matter of public interest- the validity or constitutionality of Section 18 of the Recovery of Public Funds and Property (Special Provisions) Edict, 1985 of Imo State- Any law that is inconsistent with the Constitution- Ouster clause- declaration of legislation as unconstitutional does not affect what was done under the legislation

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI  ON THE 3RD DAY OF MARCH, 2021 BEFORE HIS...
Fundamental Right Enforcement

HOW/348/2019-MICHAEL OKWUKWU V COMMISSIONER OF POLICE, IMO STATE –delivered on 17TH DAY OF FEBRUARY, 2021 –By HON. JUSTICE I.M.NJAKA. POINTS: – there is no restriction on civil proceedings progressing along with or in advance of or running pari passu with criminal proceedings concerning the same subject matter – that the violator of the right is standing a criminal trial does not obviate or hinder the enforcement of right against the said violator – the fact that the person arrested was granted bail immediately does not end the matter -subsequent arraignment does not obliterate the infringement on the right of the applicant- where a particular issue in the course of the criminal trial has been raised and decided upon, I do not think it will be proper to reopen same in a fundamental right application

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 17TH DAY OF FEBRUARY, 2021 BEFORE HIS...
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