NINETEEN persons, who obtained an interim order from an Otuocha High Court in Otuocha Judicial Division of Anambra State, restraining the Inspector-General of Police, IGP; an Investigating Police Officer, IPO from IGP’s Special Tactical Squad, STS, Abuja, ASP Olima Jackson and Anambra State Commissioner of Police, CP from arresting them, pending the determination of their motion on notice, have approached the court with Forms 48 and 49, seeking to commit the trio to prison for contempt of the court.
In the committal proceedings (Form 49) filed before the Otuocha High in Otuocha Judicial division, presided over by Justice D.O.C. Amaechina, the applicants, Anayo Nnabugwu, Okechukwu Okereke, Peter Ezeononigbo and others prayed the court to commit the trio to prison for disobeying its earlier order.
In the application filed on their behalf, by their legal counsel, H. N. C. Moghalu Esq., under Order 9, Rule 13(1), (2) and (30 of the Judgement Enforcement Enforcement Procedure Rules, the applicants complained that the trio had in defiance of earlier order issued by the court, continued to hunt, arrest, detain and charge them to court for murder.
Specifically, the applicants referred to an eight-count charge of conspiracy, attempted murder, unlawful possession of fire arms and armed robbery preferred against them at Nteje Chief Magistrate Court where they had so far pleaded not guilty to all the charges.
In an affidavit in support of the Form 49 deposed to by the 16th applicant, Anthony Abazu, on their behalf, the applicants recalled that on February 22, this year, this honourable court made an order of interim injunction asking the IGP, IPO and CP to stop arresting them, pending the hearing on determination of the substantive motion and the order was duly served on them, yet they continued to hunt for them.
Abazu further recalled that while “the order is still subsisting, the second respondent, ASP Olima Jackson, acting on the instructions of the IGP and Anambra CP, and with police officers assigned to him, started hunting for them (applicants), to the extent that they arrested the 13th applicant, Chinazam Ezeanyom and took him to Abuja where they detained him for several days.”