Chief Francis Igwe & Ors V. Mr. Godoy Ezeanochie & Ors (2009)

LawGlobal-Hub Lead Judgment Report

OLUKAYODE ARIWOOLA, J.C.A.

This appeal is against the judgment of Honourable Justice D.O.C. Amaechina of the Anambra State High Court sitting in Onitsha, delivered on Monday, the 18th day of July, 2005.

Pursuant to the leave granted to the Applicants, hereinafter referred to as the Appellants, on the 25th April, 2005, the Appellants on 29th April, 2005 filed their substantive application for the enforcement of their fundamental rights. In the application they had sought the following reliefs:-

“(i) A DECLARATION that the applicants are entitled to elect to belong or not to belong to the Federal Low Cost Housing Estate Residents Association, Onitsha.

(ii) A DECLARATION that the harassment, threats, intimidation, oppression, arrest and constant and persistent threat of arrest of the applicants by the respondents, their servants, agents and privies in the respondents’ bid to compel the applicants into membership of Federal Low Cost Housing Estate Residents Association is illegal, unlawful, Null and void.

(iii) A DECLARATION that the acts of the respondents violates (sic) applicants freedom of expression.

(iv) A DECLARATION that the respondents acts and conducts offends (sic) the applicants constitutional right to freedom of movement and dignity of their persons and right to liberty.

(v) AN ORDER OF Perpetual Injunction restraining the respondents, their servants, agents and privies from forcibly compelling the applicants into membership of Federal Low Cost Housing Estate Residents Association or by any other name so called.

(vi) AN ORDER of Injunction restraining the respondents, their servants, agents and privies from further harassment, intimidating, oppressing, arresting and detaining the applicants.”

The facts upon which the application was predicated are contained in the 55 paragraphs of the Statement in Support, Attached to the Statement are various documents marked Exhibits, A, B, C, D, D1, E, F, F1, G, H, H1. H2, and I respectively. Also in support is a verifying affidavit of 6 paragraphs and a further affidavit of 9 paragraphs both of which the 1st Appellant deposed to. Also attached to the further affidavit are four documents marked Exhibits 1, 11A, 11B, 11C.

The Respondents in opposing the application filed a counter affidavit of 61 paragraphs to which the 1st Respondent deposed.

Attached to the counter affidavit are various documents marked as Exhibits A, B, C, D. E, F, G, H, I, J, K, L, L1, M and N respectively.

The Respondents also filed a further counter affidavit of 5 paragraphs to which was attached a document marked again as Exhibit A In his considered reserved judgment, the learned trial judge found no merit in the application and accordingly dismissed it Dissatisfied with the decision of the trial court which dismissed their application, the appellants on 18/10/2005 filed a Notice of Appeal of seven (7) Grounds of Appeal. The said grounds of appeal without their particulars are as follows:-

Grounds of Appeal