Justice Emmanuel Dolor of Effurun High Court in Delta State has dismissed an N3 billion suit bothering on infringement instituted by one Okiemute Diaghwarhe against a former Minister of Education, Kenneth Gbagi.
Delivering judgment in the case seeking the enforcement of his (Diaghwarhe) fundamental right, Justice Dolor said the suit marked: EHC/FHR/79/2020, lacked merit.
He also revealed that the legal battle started on October 5, 2020, as an originating motion on notice, adding that the spirit and driving principles of the fundamental rights enforcement regime in Nigeria, maybe liberal, but they are by no means laissez faire or wishy-washy.
Justice Dolor argued that if they were so, constitutional liberties would be imperiled and could not be guaranteed in the long run.
He stated that it would appear, as frequently happens in human rights cases, that in the build-up to the case, the applicant succumbed to the temptation to be dramatic and sensational, adding that it would appear that the applicant was in a hurry to go to court that she failed to watch her back or do her homework thoroughly.
“For an N3 billion suit, the applicant did too little and should have been more painstaking, more clinical, and intentional in her approach to the case. After all, time does not really run against an intending applicant in fundamental rights actions,” he added.
In his final ruling, he said: “In the light of the foregoing, the substantive issue for determination which I set out to resolve at the outset of this judgment shall be resolved against the applicant, and it is hereby so resolved.”
“Specifically, I found out that none of the applicant’s fundamental rights has been infringed upon by any of the respondents, and as such, the application filed for the enforcement of her fundamental rights is hereby dismissed for lack of merit.”
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