By Our Judiciary Corespondent
A High Court of Anambra state of Onitsha Judicial division presided over by his Lordship Honourable Justice T. U. Oguji on Tuesday the 4th day of February, 2025 slammed a total some of #6million on an Onitsha-base bussiness man Chief Umeh Friday Nwabueze ( a. k. a Offiafuluego Okija for infringing on rights of an Onitsha-based legal practitioner Bar. Ndubuisi Okwuchukwu who sued the businessman for malicious damages of his rights.
The lawyer has through his Counsel Olisaemeka Ede Esq. in Suit N0: O/ Misc. 46/2023:Ndubuisi Okwuchukwu V. Nwabueze Umeh commenced the Fundamental Right Action against Mr. Nwabueze Umeh as Respondent via a motion on notice dated and filed on 22nd February, 2023 at the registry of the court.
The Action brought in pursuant to provisions of Sections 33(1),34(1),35(1),37, 41 and 46 of the 1999 Constitution of the Federal Republic of Nigeria( as amended), Order 2 Rules 1 and 2 of the Fundamental Rights ( Enforcement Procedure) Rules 2009 and under the inherent jurisdiction of the honouurable Court prayed for the following reliefs against the Respondent chief Nwabueze Umeh
1.A declaration against the Respondent, his agents, servants privies, officers or howsoever called that the Applicant as citizen of the Federal Republic of Nigeria is entitled to right to life, right to dignity of human person, right to personal liberty, righr to freedom of movement and compulsory acquisition of property as enshrined in Chapter IV of Sections 33,34,35,41 and 44 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) without let or disturbance,torture,inhuman and degrading treatment,harassment and threat to life of the Applicant in the way and manner the Respondent has infringed/ breached the aforesaid fundamental rights of the Applicant.
2.A declaration that the threat to life , torture, inhuman and degrading treatment such as beating and tearing of cloth meted on the Applicant by the Respondent, his agents and thugs while the court officials were levying execution of the judgement is unlawful, illegal, unconstitutional and an infringement of the fundamental rights of the Applicant as guarranteed in Sections 33 and 34 of the 1999 Constitution of the Federal Republic of Nigeria ( as amended)
3.A declaration that the act of the holding and restricting the Applicant throughout the period of torture, inhuman and degrading treatment such as beating and tearing of cloth of the Applicant by the Respondent, his agents and thugs amounts to gross violation of the Applicant’s right to personal liberty and right to freedom of movement as enshrined in Sections 35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria ( as amended).
4.A declaration that the seizure of the Applicant’s mobile phone by the Respondent is unlawful, illegal, unconstitutional and an infringement of the fundamental rights of the Applicant as guaranteed in Sections 37 and 44 of the Constitution of the Federal Republic of Nigeria ( as amended).
5.An order of injunction restraining the Respondent, his servants, agents, privies or howsoever called from threatening or continue to threat or breach or continue to breach or infringe the Apolicant’s fundamental rights to personal liberty, personal dignity and freedom of movement of the Applicant as enshrined in Sections 33,34,35,37,41 and 44 of Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria ( as amended).
6.The sum of N100,000.00 general damages against the Respondent in favour of the Applicant.
7.A public apology in one of the daily Newspaper preferably the front page of the Punch Newspaper.
The gist of the application as contained in the supporting affidavit of 22 paragraohs deposed to by the Applicant was that the Applicant sometime in July, 2021 instituted a law suit against the Respondent in Suit No 0/ 177/2021 : Ndubuisi Okwuchukwu Esq. V. Nwabueze Umeh for recovery of professional fees which judgement was delivered in his favour on the 22nd day of July, 2022.
Sequel to the above, the Applicant commenced and finalized the process of execution of the judgement sum same year and on 26th January, 2023 only acted as a pointer to court officials for the execution of the judgement sum at the Respondent’s office situate at N0 . 15 Modebe Avenue, Onitsha.
In the course of the execution by the court officials, the Respondent stormed the scene of execution with his thugs obstructed the course of justice by preventing the court officials from carrying out their lawful duties as contemplated by the Sherif and Civil Process Act, and further still, infringed on the rights of the Applicant’s rights as stated above such that if not for the timely intervention of the men of Nigeria Police Force who accompanied the Court officials to the execution exercise, the Applicant would have been a dead man and long forgotten.
The highlight of the Respondent’s illegality at the scene was when he snapped the Applicant with his private mobile phone and further threatened the Applicant in his face that he is the leader and in control of all the thugs in Onitsha and its environs and that the Applicant should expect more of his onslaught in later days to come now that his identity is fully known to him.
The Respondent further boasted that he has connections of all the Police formations in Nigeria and can neither be arrested nor prosecuted.
The Applicant in proof of his case tendered 10 Exhibits A — H , Aa and Bb which includes reports , petition and photographs of the degrading treatment meted out to the Applicant by the Respondent.
In reaction to the above, the Respondent in a 24 paragraphed Counter Affidavit deposed to by himself and filed by his Counsel J. O.Onwujekwe Esq., denied infringing on the rights of the Applicant.
In paragrph 9 of the Counter Affidavit, he denied being present when the ficticious/ purported humiliation, beating/ torture of the Applicant allegedly took place.
In his ruling after hearing the submission of learned counsels of both the applicant and respondent His Lordship Honourable Justice T. U. Oguji in resolution of the case of the parties before him raised one issue for determination thus:
” Whether the Applicant has disclosed sufficient facts and evidence to entitle him to the reliefs claimed pursuant to sections 33,34,35,41 and 44 of the 1999 Constitution of Nigeria (as amended)”.
The learned Justice in his well considered judgement of 37 pages found in favour of the Applicant that his rights as stated above were indeed infringed upon by the Respondent.
In the course of the judgement ,he posited thus:
” In the light of the foregoing, I do not hesitate to hold that the Respondent has failed to justify the role he played in the matter that led to the breach of the fundamental rights of the Applicant.”
Citing the case of MOGAJI V. ODOFIN (1978) 4 SC 91, he held further that upon putring the totality of the affidavit and documentary evidence of the parties to this case on each side of the imaginary scale of justice, the side of Applicant will no doubt preponderates as far as the sole issue for determination is concerned.
In view of the above, the learned Justice posited that the Orders which will best meet the justice of the case are set out hereunder to wit:
- A declaration be and is hereby made against the Respondent his agents, servants, privies or howsoever called that the Applicant as a citizen of the Federal Republic of Nigeria is entitled to right to life, right to dignity of human person, right to personal liberty, right to freedom of movement and compulsory acquisition of property as enshrined in Chapter IV of Secrions 33,34,35,41, and 44 of the 1999 Constitution of the Federal Republic of Nigeria ( as amended) without let or disturbance, torture, inhuman and degrading treatment, harassment and threat to life of the Applicant in the way and manner the Respondent has infringed/ breached the aforesaid fundamental rights of the Applicant
- A decaration be and is hereby made that the threat to life, torture, inhuman and degrading treament such as beating and tearing of cloth meted on the Applicant by the Respondent, his agents and thugs while the court officials were levying execution of the Judgement is unlawful, illegal, unconstitutional and an infringement of the fundamental rights of the Applicant as guarraanteed in Sections 33 and 34 of the 1999 Constitution of the Federal Republic of Nigeria( as amended).
- A declaration be and is hereby made that the act of holding and restricting the movement of the Applicant throughout the period of torture, inhuman and degrading treatment such as beating and tearing of cloth of the Applicant by the Respondent and his agents and thugs amount to gross violation of the Applicant’s right to personal liberty and right to freedom of movement as enshrined in Sections 35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria ( as amended).
- An order of injunction be and is hereby made restraining the Respondent, his servants, agents, privies or howsoever called from threatening or continuing to threaten or breach or continuing to breach or infringe the Applicant’s fundamental rights to personal liberty, personal dignity and freedom of movement of the Applicant as enshrined in Sections 33, 34,35,37,41 and 44 of Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria ( as amended)
- The sum of N5, 000,000.00 be and is hereby awarded against the Respondent as general damages and in favour of the Applicant.
- Reliefs numbers 4 and 7 be and are hereby refused.
- Cost is assessed and fixed at N1, 000,000 .00 against the Respondent and in favour of the Applicant.
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