From Duncan Odey
The High Court of Imo State sitting at Owerri on 24th February, 2021 struck out applications made by one Chinyere Amuchinwa (née Igwegbe) against the hearing of a fundamental rights case against her and the Nigeria Police Force filed by Dr Ikedi Ohakim, former Governor of Imo State.
In the application, the lady who has been accusing Ohakim of some wrongdoings for which Ohakim had sued her, applied to the Court to refer Ohakim’s case against her from the High Court to the Court of Appeal. The originating case by Ohakim which bears Suit No HOW/717/2020 was filed in September 2020 by his Counsel, Aloy Ejimakor.
In the application, the lady had argued that under the Constitution, the High Court can refer a case concerning an issue of interpretation and application of the Constitution but Ohakim’s lawyer, Barrister Aloy Ejimakor had argued otherwise, stating that the case before the Court concerns enforcement of fundamental rights, not interpretation and application of the Constitution.
In her ruling, the presiding Judge, Justice I.G. Chukwunyere upheld Ejimakor’s arguments and ruled that “this application is pre-emotive and is therefore refused. The application fails and is accordingly struck out”. The same ruling was made in a sister case that bears Suit No HOW/691/2020, in which the lady and the National Agency for Trafficking in Persons are parties.