The High Court in Abuja has dismissed a N500 million fundamental right enforcement suit filed by a lady, Chineye Amuchinna, against former Governor of Imo, Dr Ikedi Ohakim, and the Inspector-General (I-G) of Police, Kayode Egbetokun.
Justice Binta Mohammed, in a judgment, dismissed the suit for constituting an abuse of court process.
Justice Mohammed also upheld the preliminary objection filed by Ohakim, I-G and other defendants for being meritorious.
The applicant, Amuchinna, had, in the suit marked: FCT/HC/CV/1458/2022, sued the I-G, Police Service Commission, SP Amina Amudu, ASP Bartholomew Ali, Ohakim and Chinedu Okparaeke as 1st to 6th defendants respectively.
In the originating motion dated May 3, 2025, but filed on May 4, 2022, the applicant sought a declaration that her detention by 1st to 4th defendants on the instigation of the ex-governor and Okparaeke in the toilet of their detention facility at the Force Criminal Investigation and Intelligence Department, Area 10, Garki, Abuja between the July 8, 2021 and July 22, 2021 without court order or charged to court was ilegal and unconstitutional.
She argued that the act breached her fundamental right to personal liberty guaranteed by Section 35 of the 1999 constitution (As Amended ) and Article 6 of the African Charter on Human and People’s Right ( Ratification and Enforcement) Act ( CAP A10) Laws of the Federation of Nigeria 2004.
She, therefore, sought an order directing the defendants to jointly and severally pay the sum of N500 million as compensation for the violations of her fundamental right to dignity and personal liberty and fair hearing.
She also sought an order directing the defendants to apologise publicly to her in two national newspapers for the violation of her fundamental rights to dignity and personal liberty, among other reliefs.
In their reply to the suit, Ohakim, the I-G and the others challenged the suit as devoid of cause of action and an abuse of the process of the court, the suit, having been filed after other similar suits were being instituted in other courts by the applicant.
Delivering the judgement on June 17 and a copy of the certified true copy sighted on Saturday, Justice Mohammed agreed with the arguments of the defendants.
“From the unchallenged and uncontroverted evidence in this suit, it is established that the applicant has commenced a multiplicity of action involving the same set of fact and the same persons therefore constituting an abuse of the judicial process.
“Therefore, this issue is resolved in favour of the 1st, 3rd and 4th respondents as well as the 5th respondents.”
“In conclusion the preliminary objection of the 1st, 3rd, 4th and 5th respondents succeeded accordingly, the suit filed by the applicant for enforcement of fundamental right on 4/5/22 is hereby dismissed.
“The applicant has failed to establish a cause of action against the 6th respondent as nothing remotely connects him to the suit of the applicant, his name is accordingly struck out from the suit.”
“There will no need to consider and determine the applicant’s suit, the preliminary objections to the suit having succeeded and the suit dismissed,” the judge said.
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