A High Court sitting in Nnewi, Anambra State has reopened a church after a magistrate court sealed the church over noise pollution.
The High Court reversed the order barely 48 hours His worship, A.C. Emekwue directed that the worship center (The New Spring Christain Church) of , Uche Chidindu be closed and vacated from which is his church permanent site.
Justice D.O.C Amaechina delivering his ruling on Tuesday ordered all parties to maintain status pending the substantive hearing of the suit.
The court further gave an interim order restraining the 1st, 3rd, 4th and 5th Respondents by themselves, their servants, agents, workmen, privies or otherwise however, from disturbing, obstructing, arresting or detaining the applicant or interfering with the peaceful religious activities of the Applicant in his church( The New Spring Christian Church) at Ndiakwu Otolo Nnewi in any manner inimical to the Applicant’s fundamental rights enshrined in the 1999 constitution as amended.
“An order of interim injunction restraining the Respondents by themselves, their SERVANTS, AGENTS, WORKMEN, PRIVIES OR OTHERWISE however, from taking further steps or actions in connection with the execution of the judgment of the 2nd Respondent pending the determination of the substantive application on notice for enforcement of the Applicant’s fundamental rights or until this court otherwise orders.”
In the suit marked HN/MISC.82/2019 with Motion No:HN/971M/2019, the respondents are 1ST respondent Director Environmental Health Services Nnewi North Local Government Area, Mrs. Ekilide, 2nd Respondent, Anthony Emekwu, Magistrate, Court 3 Nnewi, 3rd Respondent, A.C.P Area Command, Nnewi, 4th Respondent, Investigative Police Officer Area Command Nnewi, Sgt. Raymond Isong and 5th Respondent, Commissioner of Police, Anambra State.
Recall that THENIGERIALAWYER reported that Chief Magistrates’ Court sitting at Nnewi gave an order that a church, The New Spring Christian Church be closed and its permanent site be vacated.
In suit number NMC/10c/2019, the church, was prosecuted on two counts under the Public Health Laws of Anambra State.
The church was sued by the Director of Environmental Health Services, Nnewi, and the Nnewi North Local Government Area for public nuisance.
The church was accused of mounting an amplifier and five loudspeakers in front of its premises and tuning same at a higher pitch, leading to noise pollution in the neighborhood.
The church was also accused of failing to comply with the terms and requisition of abatement notice referenced No: 00000896 served on it.
Practical Considerations to Negotiate an Enforceable Joint Operating Agreement in Civil Law Jurisdictions (Netherlands: Kluwer Law International, 2020) By Professor Damilola S. Olawuyi, LL. B (1st Class), BL (1st Class), LL.M (Calgary), LL.M (Harvard), DPhil (Oxford), Professor of Law and Deputy Vice-Chancellor, Afe Babalola University, Ado Ekiti, Nigeria, www.damilolaolawuyi.com. & Professor Eduardo G. Pereira, LL. B (Brazil), LL.M (Aberdeen), PhD (Aberdeen),www.eduardogpereira.com
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