HRH Eze Kyrian Chinedo & Ors V. Caroline Ireka (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A.(Delivering the Leading Judgment)

This appeal is against the decision of the HIGH COURT OF Imo State, ORLU JUDICIAL DIVISION in Suit No. HOR/117/2011 contained in the judgment of Honourable Justice L.C. AZUAMA delivered on the 5th day of April, 2012.

The Respondent had by the said Suit or action initiated against the Appellants Fundamental Rights Enforcement Proceedings wherein he sought for the following Reliefs viz:

(i) A DECLARATION that the ostracism/banishment placed on the Applicant by the 1st to 8th Respondents violates the Applicant’s Fundamental Right to freedom of Association as guaranteed by Section 36, 34 (1), (a), (b), (c), 40, 41, 42 and 43, respectively of the Constitution of Federal Republic of Nigeria 2011 as Amended.

(ii) AN ORDER of Honourable Court compelling the 1st to 8th Respondents rescind the order of ostracism placed on the Applicant and to announce same the villages making up Ntueke Community. (sic).

(iii) AN ORDER compelling the 1st to 8th Respondents to write an unqualified letter of public apology to the Applicant and pay N10,000.00 (Ten Million Naira) to the Applicant for breach of the Applicant’s Fundamental Rights and special damage of N6,870.00 for medical treatment, N35,000.00 lost of Applicant’s Goats, N35,000.00 cost of Applicant’s local Fowls, N4,000.00 cost of Applicant’s big house security Dogs, a wallet containing N50,000.00 cash snatched from the applicant on 11/10/2011. (Fifty Thousand Naira), (Total N10,140,870.00) Ten Million One Hundred and Forty Thousand, Eight Hundred and Seventy Naira.

(iv) AN ORDER of the Honourable Court compelling the 1st to 8th Respondents to allow the Applicant entry Ntueke Community and to live in his own house.

(v) AN ORDER restraining the Respondents whether by themselves, servant agents, employees or privies from arresting, threatening to arrest detaining the Applicant or molesting, harassing, torturing, intimidating the Applicant with Police unlawfully.

The grounds upon which the said reliefs were sought are as follows:

GROUNDS ON WHICH RELIEFS ARE SOUGHT

(i) That Applicant as a citizen of Nigeria is guaranteed the Fundamental Right to dignity of his human person, fair hearing, freedom of Association, Freedom of Movement and right to freedom from discrimination in Nigeria it accordance with Sections 36, 34 (1), (a), (b), (c), 40, 41, 42 and 43, respectively of the 2011 Constitution of Nigeria, as amended, subject only to the restrictions under the said Constitution of Nigeria 2011, (sic) and by virtue of Human and People’s Right (Ratification and Enforcement) Act Cap. A9 Laws of the Federation 2004.

(ii) The Applicant’s rights to (i) the dignity of human person(ii), freedom of movement, (iii) freedom from discrimination (iv), freedom of association, (vii) right to fair hearing as well as right to acquire and own immovable property anywhere in Nigeria were threatened and breached by the Respondents on the 11/10/2011 and 14/10/2011, respectively who unlawfully ostracized/banished the Applicant and his family in a well attended meeting at the Eze’s Palace comprising of men, youth and women of Ntueke Community on the said 11/10/2011.

(iii) That the ostracism and banishment of the Applicant by the 1st to 8th Respondents based on the a unfounded criminal allegation of killing the 1st Respondent’s Late father is unconstitutional and it violates Applicant’s right of Freedom of Movement, Freedom of Association, right to fair hearing, and right to dignity of human person as enshrined under constitution of Federal Republic of Nigeria 2011 as Amended. And there is no criminal report against the Applicant anywhere, not even at the death of 1st Respondent’s father about 3 years ago.

(iv) That the said ostracism and banishment of the Applicant were not done in accordance with any procedure permitted by law and not justified in any circumstances stated under the Constitution.