A Lagos based lawyer, Vincent Okafor and six others have dragged the Inspector General of Police, the Traditional Ruler of Agunese Mmaku autonomous community in Awgu Local Government Area of Enugu State, Igwe Cyprian Nevobasi, and 16 others, to court for alleged violation of their fundamental human rights.
The plaintiffs who are members of the Agunese Mmaku Autonomous Community, initiated the civil proceedings at the Federal High Court Enugu Division, through their team of lawyers, led by a Senior Advocate of Nigeria (SAN), Chukwuemeka Ofodile.
In suit no. FHC/EN/CS/198/2024, the applicants sought injunctive orders, declarative reliefs and directive orders against the defendants/respondents in the matter, including a compensation of N120 billion.
Joined as the 1st to 18 defendants/ respondents respectively are the Inspector General of Police, Nigeria Police Force, Commissioner of Police, Enugu State Command, Director-General of the Department of State Services (DSS), Igwe Nevobasi and Onuselogu Nevobasi.
The remaining defendants/respondents are Jonathan Onuoha, Laz Udeogboke, Oliver Chukwuobasi, Okekefi Iloham, Nnamdi Okolo, Frederick Ngene, Patrick Ekweani, John Anugwa, Okonkwo Kenechukwu, Christian Chukwuemezie, James Chukwude and Ikechukwu Okpala.
Besides Okafor, the other plaintiffs are Chief Theophilus Chukwu, David Okeke, and Chiefs Okeke Uwa, Chief Moses Chuka, Chief Okolie Ikegwuonu and Chief Simeon Okike.
The suit commenced through a writ of summons and accompanying motion on notice, sought among other reliefs, a declaration that the invitation, arrest and detention of the 1st to 7th plaintiffs/applicants by the 1st to 4th defendants, were illegal acts, done as agents of the 5th to 18 defendants, and therefore never lawful, illegal and a violation of the fundamental rights of the plaintiffs.
The court was also asked to declare as unlawful, illegal and unconstitutional, the invitation, arrest and detention of the 1st to 7th plaintiffs by the 1st to 4th defendants under the pretext that they were carrying out their duties under Section 4 of the Police Act, based on a complaint by the 5th to 18th defendants that the plaintiffs were purportedly a security threat to Agunese autonomous community.
Further reliefs include a declaration that the 5th to 18th defendants collaborated in setting the law in motion against the plaintiffs by making a false, malicious, ill-motivated and unfounded allegation of security threat, obtained by false pretense, with the intent to criminalize and incarcerate the plaintiffs, using the police, knowing full well that the allegation was fabricated and concocted, purely to punish and tarnish the reputation of the plaintiffs.
The plaintiffs asked the court to declare as “unlawful” their invitation and continued harassment by the 1st to 4th defendants/ respondents, on the basis of a withdrawn petition against them by the 5th to 18th respondents, which constituted false arrest, detention and imprisonment on a fabricated none existent complaint/petition.
Referring to the letter of withdrawal of the petition against them by the 5th to 18th respondents, dated April 28th, 2022, the applicants prayed for a declaration of the court that the purported arraignments of Vincent Okafor, Theophilus Chukwu and David Okeke, the 1st to 3rd plaintiffs, and others at large, by the police at various magistrate courts in Enugu State and their remand in Correctional Centre Enugu, for purportedly carrying out warlike undertaking against Nevobasi and Agunese indigenes and cyber stalking, constitutes illegality, false imprisonment and clear violation of the fundamental rights of the affected persons.
They further asked the court to make a declaration that the 5th respondent (Igwe Cyprian Nevobasi) falsely and with clear intention to deceive the public at large, holds himself out to the international community (Nigeria and South African Authorities included), with differing surname and identities, especially in his passport and other identification documents.
The plaintiffs consequently requested for an order of the Honourable Court, compelling Igwe Nevobasi to publish his correct personality under oath, instead of maintaining a dual deceitful personality, considering the high position he occupies as a traditional ruler in Enugu State.
They also requested for an order of interlocutory injunction restraining the 1st, 2nd, 3rd and 4th defendants/ respondents by themselves/operatives, or through their agents, privies, or whosoever and howsoever defined, from all actions, including arresting, further invitation, charging/arraignment or interfering with their civil rights and freedom, and or any purported security threat complaint against them, pending the herein and determination of the substantive suit.
The plaintiffs requested for an order of interlocutory injunction, restraining the 5th to 18th defendants/ respondents from harassing, intimidating and holding traditional courts to hear any complaint against them or members of their immediate family, bordering on the matter pending before the court.
They demanded for exemplary damages of N20 million in their favour, against the 1st to 4th defendants (the IG, NPF, CP, Enugu State Command and DG of the DSS) and damages of N100 billion jointly and severally against the 5th to 18 defendants as compensation for the false allegation made against them without a proof.
No date has been fixed for the hearing of the matter in court.
