Dr. Nwambuisi Elelenta Elele has appealed to the Court of Appeal, Owerri Judicial Division, against the judgment of the Federal High Court, Umuahia, which dismissed his fundamental rights enforcement suit arising from a poultry farm dispute in Abia State and awarded ₦1 million cost against him.
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The Notice of Appeal, dated June 19, 2026, was filed against the decision delivered the same day by Justice Kehinde O. Ogundare in Suit No. FHC/UM/CS/22/2026.
The respondents in the appeal are Chief Magistrate Julieth Res-Chikezie, Kingsley A. Ishmael, Esq., Cyril Ishmael, and the Commissioner of Police.
Elele, who is dissatisfied with the entire judgment, is asking the appellate court to set aside the decision in its totality.
The Federal High Court had dismissed his fundamental rights application after holding that he failed to establish any violation of his rights and that the suit amounted to an abuse of court process aimed at frustrating an ongoing criminal prosecution.
The court also awarded ₦1 million cost against him.
In the appeal, Elele raised four grounds, all framed as errors in law.
In the first ground, he argued that the trial judge wrongly held that he failed to prove his case by credible evidence, despite his claim that the respondents did not controvert the facts contained in his supporting affidavit and did not respond to the issues raised in his written address.
He maintained that the unchallenged facts before the court established the breach, threatened breach and likely breach of his fundamental rights, and that the court ought to have treated those facts as admitted.
In the second ground, the appellant contended that the trial court breached his right to fair hearing by describing his case as speculative, a ploy to frustrate criminal trial, and an abuse of court process.
He argued that under Section 46(1) of the 1999 Constitution, a person whose fundamental rights are likely to be breached does not need to wait until the actual violation occurs before approaching the court.
He also relied on the Court of Appeal decision in Chijuka v. Maduewesi, which he said recognised prospective violations or threats to fundamental rights.
In the third ground, Elele faulted the finding of the trial court that his application was intended to frustrate the criminal proceedings against him.
He argued that under Order 10 of the Fundamental Rights Enforcement Procedure Rules, an application to quash a charge can be made in fundamental rights proceedings.
According to him, he had complained before the trial court that the charge for which he was being prosecuted was never served on him and that arraignment notices were allegedly served by substituted means without an order of court, contrary to the Administration of Criminal Justice Law of Abia State and Section 36(1) of the Constitution.
He further alleged that he was being prosecuted by Kingsley Ishmael, whom he described as the younger brother of the nominal complainant, Cyril Ishmael, and an officer in the Ministry of Justice, Umuahia, a situation he argued offended the principles of natural justice and fair trial.
In the fourth ground, the appellant argued that the trial judge erred by dismissing his case and awarding ₦1 million cost against him without considering the entire case before the court.
He stated that he had filed a motion challenging the competence of a further counter-affidavit filed by some of the respondents, and that although the motion was not opposed, the trial court failed to rule on it.
Elele claimed that the further counter-affidavit influenced the dismissal of his case and the award of cost against him.
He is therefore asking the Court of Appeal to allow the appeal, set aside the June 19 judgment, invoke its powers under Section 15 of the Court of Appeal Act to determine the matter on its merits, and grant all the reliefs he sought in his fundamental rights application filed on March 20, 2026.
The appeal was filed by Sir Nkemakolam Okoro S.C., Esq., of Dynamic Option Chambers, alongside C.C. Chukwu, Emmanuel C. Emerenini, Esq., and Enore Omijie, Esq.
Alongside the appeal, Elele also filed a motion before the Federal High Court, Umuahia, seeking a stay of execution and stay of giving effect to the judgment pending the hearing and determination of his appeal.
In the motion, brought under Order 3 Rule 1 of the Federal High Court Civil Procedure Rules and the inherent jurisdiction of the court under Section 6(6)(a) of the Constitution, the appellant asked the court to direct parties to maintain the status quo that existed before the judgment.
He argued that the appeal raises serious, arguable and recondite points of law with a strong chance of success.
He further contended that unless execution of the judgment is stayed, his appeal may be rendered nugatory.
The motion is supported by a 12-paragraph affidavit deposed to by Ezinne Idika, a law office secretary in the chambers handling the matter.
The deponent stated that the four grounds of appeal raise good, arguable and triable issues, and that special and exceptional circumstances exist, including alleged denial of fair hearing.
She also stated that the applicant had applied for transmission of the record of appeal and had undertaken to prosecute the appeal diligently and pay damages if the appeal turns out to be frivolous.
The dispute arose from a poultry farm project which Elele said he sought to establish on inherited land in Agbaragwu Village, Isiala Ngwa South Local Government Area of Abia State.
The criminal charge in Suit No. MIN/20C/2026, Commissioner of Police v. Nwambuisi Elelenta Elele, remains pending before the Magistrate Court, Okpualangwa.
In the original fundamental rights suit, Elele had asked the Federal High Court to declare the charge incompetent and in breach of his right to fair hearing, remove and quash the charge, award ₦20 million damages against the second and third respondents, grant ₦10 million as cost of action, and award 10 per cent interest on the judgment sum.
The appeal also runs alongside a separate judicial review action filed by Melody’s Farms Ltd and Elele before the High Court of Abia State, Umuahia.
In that suit, Melody’s Farms Ltd argues that the poultry farm belongs to the company as a separate legal entity and that Elele cannot be held personally liable for the alleged conduct of the company.
The judicial review action seeks to quash charges pending before the Customary Court and Magistrate Court, including Charge No. CC/13/MISC/2026, Medical Officer of Health v. Dr. Elelenta Nwambuisi Elele, and Charge No. MIN/20C/2026.
The applicants also contend that the farm had been cleared by an Environmental Impact Assessment certificate issued by the Abia State Ministry of Environment and that the relevant public health provision being relied on does not apply to what they described as a rural farming community.
With the appeal, the stay application and the parallel judicial review now pending, the poultry farm dispute has moved from a local environmental and criminal complaint into broader questions of fair hearing, service of criminal processes, abuse of court process, corporate personality, and the scope of fundamental rights proceedings in relation to pending criminal charges.
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