Chief Dennis C. Ahiarakwe & Ors V. Matthew Emeruem & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment)

The Appellants were the Plaintiffs in Suit No. HME/39/2011 which they filed at the Etiti Division of the High Court of Imo State against the Respondents. The suit was founded on the Fundamental Rights (Enforcement Procedure) Rules 2009. In the application the Appellants sought the following reliefs: –

?(a) A declaration that the arbitrary and forceful closure/harvesting of the palms of the Applicants in the years 2010 and 2011 by the Respondents is a violation of the applicants? rights to acquire and own immovable property anywhere in Nigeria as guaranteed under Section 43 of the Constitution of the Federal Republic of Nigeria, 1999.

(b) A declaration that the Respondents acted ultra vires of the Constitution of Oru Ahiara Development Union (OADU) by closing palms outside the months provided by the OADU constitution.

(c) AN ORDER restraining the 2nd respondent from using the police, vigilante, local thugs or nay other force at all to harass and intimidate the applicants, their privies or agents and to stop interfering with the conducts of

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the meetings of OADU as well as the activities of the union.

(d) AN ORDER compelling the respondents, jointly and severally, to pay to the Applicants the sum of N6,500,000.00 (six million, five hundred thousand naira) as compensation and/or as general and exemplary damages for the breach of their fundamental rights.

There reliefs were sought on the following grounds:

?(i) The arbitrary closure and eventual forceful harvest of the palms belonging to the Applicants by the respondents using a combined team of army and police in the month of May, 2010, for the purpose of paying mass tax which was never paid is a violation of their rights to acquire and own immovable property anywhere in Nigeria as guaranteed under Section 43 of the Constitution of Nigeria, 1999.

(ii) The arbitrary closure and eventual forceful harvest of palms belonging to the applicants by the respondents in the period of May 10th to June 10th, 2011, using local thugs, a violation of the rights of applicants to acquire and own immovable property anywhere in Nigeria as guaranteed under Section 43 of the Constitution of Nigeria, 1999.

(iii) The

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continuing threat to be arbitrarily closing/harvesting the palms of the Applicants is a threat to their fundamental rights to acquire and own immovable property anywhere in Nigeria as guaranteed under Section 46 of the Constitution of Nigeria, 1999.?