Rev. Ikendi George & Ors V. Apostle Chief Daniel C. Anucha (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the judgment of Abia State High Court delivered by the Honourable Justice C. I. Jombo ? Ofo now (JCA) on the 11th day of February, 2010.

What culminated into this appeal is the Application for the enforcement of fundament rights initiated by the Respondent against the Appellants vide a motion ex?parte for leave to enforce his fundamental rights filed on 1st day of August 2007.

The reliefs sought in the said application as could be gathered from the statement accompanying the application for leave are listed as follows:

2. RELIEFS SOUGHT:

a. A declaration, that the purported exclusion of the applicant from the exercise of his fundamental right of freedom of association with fellow mankind, including his kiths and kin from Umuocheala Ocheala Mbutu Autonomous Community, on the purported allegation, that he was mentioned as a witch or wizard is unlawful, unconstitutional and therefore, null and void.

b. A declaration, that the purported banishment for twenty (20) years of the applicant from his Umuocheala, Ocheala

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Mbutu Autonomous Community, Isiala Ngwa South Local Government Area, purportedly, on the unproved and unverifiable claim that he is a witch amounts to an infringement, and or violation of his fundamental right to freedom of Association, and is therefore unlawful, unconstitutional, null and void.

c. A declaration, that the purported banishment of the applicant, from his Umuocheala, Ocheala Mbutu Autonomous Community, on the purported claim, that he was mentioned by one Uchenna Enemanna Orji (?Aka UTU?) as a witch, without affording him the opportunity of confronting this accuser, (i.e) Utu, amounts to an infringement, violation of his fundamental rights to fair hearing guaranteed by the Constitution of the Federal Republic of Nigeria 1999, and is therefore, null and void.

d. A declaration that, spraying the entire body of the applicant with fluid from burning plastics, rendering the applicant completely naked, hanging, fresh and or tender palm fronds on the neck and waist of the applicant, and parading him through, Umuocheala village, to Owerinta, forcing him to drink a mixture of menstrual blood, urine and faeces, on the purported and

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unverifiable claim that he is a witch, amounts to torture, inhuman and degrading treatment.

e. An order setting aside the purported banishment of the applicant.

f. Exemplary damages, against the Respondents, jointly and severally, assessed at one million (N1,000,000,000) for the unwarranted infringement and violation of the applicant?s fundamental rights.