Ohakim: Court Declines Application For Committal On Police Officers, Others

An application by the former governor of Imo State, Chief Ikedi Ohakim for certain police officers and a business woman to be committed to prison was Tuesday declined by an Imo State High Court sitting in Owerri.

At a hearing of the suit number: HOW/717/2020, which the former governor filed to enforce his fundamental rights over alleged harassments by the the police, their agents and a business woman, Ms. Chinyere Amuchienwa-Igwebe, Ohakim said the respondents disobeyed an order made by the court on September 10th, 2020, which ordered that the status quo be maintained pending the determination of the substantive suit.

According to the counsel to Ohakim, Aloy Ejimakor, Ohakim, on September 10, 2020, secured a restraining order or injunction against the Nigeria Police Force, DCP. Kolo Yusuf and SP. Mohammed Yusuf, Mr. Stanley Nwodo, Mr. Orji Kanu and the Commissioner of Police, Mr. Tuesday Osayemo, all of whom are of the Prosecution Section of Nigeria Police Headquarters, Abuja.

Ejimakor disclosed that the order was duly served on all the parties.

He noted that the Nigeria Police Force, acting through the officers and on apparent prompting from Ms. Amuchienwa-Igwegbe proceeded to file charges against Ohakim and caused the charge to be widely published in several newspapers and the social media.

Ejimakor noted that subsequent summons for Ohakim’s alleged arraignment on November 11, 2020, was also widely published in newspapers but that was not also served on Ohakim.

It was in view of the developments that he applied to the court for committal on the officers of the Nigeria Police Force involved in the matter.

“The business of the court today is form 49 which has been filed and served. It was served on the 4th of November. We’re trying to restrain the police from doing anything.

“However, we proceeded with the form 49 since it has become clear to us that the order has been disobeyed. We have also served the police,” he told the court.

Counsel for the police and its agents, M. O. Omosun, and that of Ms. Amuchienwa-Igwebe, I. O. Nwaeze opposed the application, saying the order had been varied and already expired as of the 25th of September.

Nwaeze drew the attention of the court to Order 9 rule 1 of the fundamental right enforcement procedure rule 2009, which states that nothing should stop the hearing for breach of fundamental right.

Pursuant to order 9 rule 1, Nwaeze applied that the counter affidavit of the 5th respondent (Amuchienwa-Igwe) which was filed out of time be regularized so that the matter of fundamental right would be taken.

In her ruling, Justice I. G. Chukwunyere who refused to grant the complainant’s application, said there was the need for the substantive suit to be looked into.

Justice Chukwunyere said, “pursuant to order 9 rule 1 and also section 36 (1) of the 1999 Constitution and having critically considered order 9 rule 1 and section 36 (1) of the 1999 Constitution, I therefore grant leave to the 5th respondent to regularize the application.”

The judge therefore adjourned the definite hearing for fundamental right to Thursday December 3rd, 2020.