A Legal Practitioner & Human Rights Activist, Maxwell Opara has dragged the Imo State Governor & Attorney General of the State to Court over the provisions of sections 484 and 485 of the Imo State Administration of Criminal Justice Law, 2020, urging the Court to declare them unconstitutional and void.
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This is contained in a suit initiated vide an originating summons before the Imo State High Court, Owerri in suit number HOW/746/2020, dated 21st day of September 2020 which was made available to TheNigeriaLawyer (TNL).
Meanwhile, he sought for five declarations before the Court.
“A DECLARATION of this Honorable Court that the provisions of section 484 and 485 of the Administration of Criminal Justice Law, Law No. 2 of 2020 of Imo State are inconsistent with section 34(1) and 35(4) and (5) of the 1999 Constitution of the Federal Republic of Nigeria as amended and as such, that law is to the extent of its inconsistency void.
“A DECLARATION of this Honourable Court that the provisions of section 484 and 485 of the Administration of Criminal Justice Law of Imo State 2020 are inconsistent with section 6(6)(a) and (b) of the 1999 Constitution of the Federal Republic of Nigeria as amended and as such, that law to the extent of its inconsistency, void.”
Besides, he also urged the Court to expunge these provisions from the Imo State Administration of Criminal Justice Law, 2020.
However, in a 28 paragraph affidavit deposed to by him which was made available to TNL, he noted that he is a Legal Practitioner who practices in Abuja and Owerri, Imo State and as such, he has a duty to protect the 1999 Constitution from desecration.
“That detaining any person in accordance with section 484 and 485 of the Imo State Administration of Criminal Justice Law , Law No. 2 of 2020 in whatsoever condition that pleases the 1st defendant, is against section 34(1) of the 1999 Constitution of the Federal Republic of Nigeria as amended.” He said.
Similarly, he deposed that the “Governor of Imo State not being a Court of Law has no powers to exercise such functions placed on him under section 484 and 485 of Imo State Administration of Criminal Justice Law, Law No. 2 of 2020” and therefore, “constitute an affront and an ambush”, noting that the rights of the citizens are under serious threat.
In addition, he deposed that the two provisions would undermine the due process protection of the right to liberty and violate section 35 of the Constitution.
“That I honestly believe that the expulsion of Sections 484 and 485 of the Imo State Administration of Criminal Justice Law, Law No. 2 of 2020 from the Imo State Administration of Criminal Justice Law, Law No. 2 of 2020 is in the best interest of justice and would further strengthen the fundamental rights of the citizens of Nigeria as guaranteed and protected under the 1999 Constitution.” He said.
Furthermore, in his written address which was made available to TNL, he entreated the Court with three issues for determination.
He contends that by the dint of section 1 of the 1999 Constitution, the Constitution is the supreme Law of the land, citing MARWA V. NYAKO & ORS(2012) LPELR-7837(SC).
Therefore, he stated that when the provisions of sections 484 and 485 of the Imo State ACJL are placed on the same pedestal with the Constitution, they do “not agree with the right of every Nigerian, inclusive of persons of Imo State extraction, to personal liberty as enshrined in the 1999 Constitution”.
Furthermore, he argued that the sections do not accord with the spirit of the 1999 Constitution and urged that they be declared void.
Similarly, he argued that these provisions are contrary to section 6(6) of the 1999 Constitution as only the Court is empowered to detain a citizen, except as prescribed by Law .
Therefore, he urged the Court to grant his declarations, declaring the two provisions as null and void.
Meanwhile, the defendants in the suit are Governor of Imo State and the Attorney General of Imo State.
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