Supreme Court: Victory Galore For IPOB, Lovers of Freedom
The Indigenous People of Biafra IPOB have kicked off the celebration of the immanent victory over the Federal Government of Nigeria in a case against the group’s leader, Mazi Nnamdi Kanu at the Supreme Court.
The celebration galore as commenced is a sequel to the victory recorded by the IPOB’s legal team which secured the freedom of some members of the group who have been in detention in different police custody in the country for several years.
This was made known Wednesday, by the IPOB lead Counsel, Barrister Ifeanyi Ejiofor Esq.
Barr. Ejiofor wrote: “As we positively await the Judgment of the Supreme Court of Nigeria on Onyendu Mazi Nnamdi Kanu’s case already scheduled to be delivered on the 15th Day of December 2023, we have sustained our legal onslaught in pursuing the release of ezigbo Umuchineke still being illegally held in various detention facilities of Nigerian Security Agencies, and those facing one form of smokescreen charge or the other, and we are recording victories upon victories, be assured. Some of the victories we have recorded recently includes:
- The Federal High Court sitting in Abuja has pursuant to our application, in CHARGE NO: FHC/ABJ/CR/475/2021, BETWEEN THE FEDERAL REPUBLIC OF NIGERIA V EZEDIARO MARIA, discharged Mrs. Maria Ezediaro of all frivolous criminal allegation/charge brought against her before the court.
You may recall that Mrs. Maria Ezediaro, was arrested on the 26th February, 2021 when she visited the State CID, Owerri, Imo State Command to give food and medication to her friend who was detained there, and was subsequently transferred to the Inspector General of Police Intelligence Response Team detention facility in “Abattoir” Abuja, where she was subjected to all forms of inhuman treatment, severe torture and degradation; also in a journey, she vividly recall being the only survivor among many innocent Biafrans that were brought along with her.
However, Following the refusal of the Police to release her or charge her to court, we filed a fundamental rights enforcement suit on her behalf before the Federal High Court Abuja. Upon the service of the court process on them, the police swiftly filed a four-count frivolous charge on the 23rd December, 2021, against her, in the above captioned charge Number. Still on our application she was granted bail by the court on the 21st Day of April 2022 and consequently released to us upon perfection of the bail conditions.
On the 10th day of October, 2023, following our application and submissions before the court, the Federal High Court, Abuja per Hon. Justice M.O. Olajuwon struck out the four-count terrorism charge filed against Mrs. Maria Ezediaro and consequently discharged her.- CLETUS NWACHUKWU EGOLE & 4ORS V NIGERIA POLICE FORCE
SUIT NO: CV/1917/2021
Also, recall that Cletus Nwachukwu Egole the pastor of the Holy Trinity Sabbath Church, Orlu Imo State; his wife- Ifeyinwa Egole; Michael Uba- a Prophet of Jewish faith; Ugochukwu Samuel; and Raphael Idang, were all arrested and subsequently paraded by the Imo State Command of the Nigeria Police, on the 28th March, 2021. They were subsequently transferred to the Inspector General of Police Intelligence Response Team detention facility in “Abattoir” Abuja.
Following the refusal of the Police to release them, on the 10th August, 2021, we filed a fundamental rights enforcement suit on their behalf before the High Court of the Federal Capital Territory Abuja, in Suit No: CV/1917/2021.
On the 23rd day of August, 2021, the Vacation Court per His Lordship- Hon. Justice H. Mu’azu, after hearing our exparte application, ordered the Nigeria Police Force to charge Cletus Nwachukwu Egole; Ifeyinwa Egole; Michael Uba; Ugochukwu Samuel; and Raphael Idang, to court on or before the 2nd day of September, 2021, or produce them before the court and show cause why they should not be admitted to bail.
Upon the service of the aforesaid order on the Inspector General of Police, they proceeded to file charges against Raphael Idang and Ifeyinwa Egole in Charge No: FHC/CR/333/2021 between Federal Republic of Nigeria V Raphael Anwakang Idang; and Charge No: FHC/CR/334/2021 between Federal Republic of Nigeria V Egole Ifeyinwa. The duo was arraigned before the Federal High Court and were eventually admitted to bail.
No charge(s) was filed against the trio of Cletus Nwachukwu Egole, Michael Uba and Ugochukwu Samuel, neither were they released.
On the 19th day of September, 2023, after several adjournments, the FCT High Court per Hon. Justice V.S. Gaba, delivered judgment in the said suit. The court granted all the reliefs sought and consequently declared amongst others, that the arrest and detention of the Applicants particularly Cletus Nwachukwu Egole, Michael Uba and Ugochukwu Samuel, since the 28th day of March, 2021 till date, is illegal and unconstitutional; the court consequently directed that they be released unconditionally within three days of delivery of the judgment. The court further awarded compensatory damages in the sum of N100,000,000.00 (One Hundred Million Naira Only) in favour of the Applicants.
We have applied for and obtained a certified true copy of the said judgment of the court and same has been served on the Inspector General of Police. We expect that the Nigeria Police Force will fully comply with the positive orders of court contained in the said judgment, by releasing Cletus Nwachukwu Egole, Michael Uba and Ugochukwu Samuel, forthwith.
- NGOZICHUKWU ADA-DAV V NIGERIA POLICE FORCE & ANOR
SUIT NO: FHC/ABJ/CS/1546/2022
Ngozichukwu Ada-Dav was on the 28th day of June, 2021, arrested by a team of fully armed operatives of the Nigeria Police Force. She was thereafter taken to the Inspector General of Police Intelligence Response Team (IGP/IRT) located in Ikeja GRA where she was detained in unlawful custody till the 3rd day of July, 2021, when she was transferred to the Garki Command, of the Nigeria Police, notoriously known as the Abattoir.
Following the refusal of the Police to release Ngozichukwu Ada-Dav, on the 24th August, 2021, we filed a fundamental rights enforcement suit on her behalf before the High Court of the Federal Capital Territory Abuja, in Suit No: CV/2089/2021.
On the 26th day of August, 2021, the Vacation Court per His Lordship- Hon. Justice S.C. Oriji, after hearing our exparte application, ordered the Nigeria Police Force and the State Security Service to charge her to court on or before 31st August, 2021, or admit her to bail.
Upon the service of the aforesaid order on the Inspector General of Police, on the 10th day of September, 2021, the Applicant was surreptitiously and/or clandestinely taken to the Suleja Prison, Niger State, where she was illegally detained before she was taken before a Mpape Magistrate Court, Abuja, on the 15th day of September, 2021, without the benefit of any legal representation, and was consequently released.
Following the release of Ngozichukwu Ada-Dav and in view of the horrendous torture she experienced in the hands of the operatives of the Nigeria Police, on the 30th day of August, 2022, we commenced another fundamental rights enforcement suit, seeking for damages on account of the gross violation of her fundamental rights, before the Federal High Court in Suit No: FHC/ABJ/1546/2022.
On the 6th day of October, 2023, the Federal High Court Abuja, per Hon. Justice Z.B. Abubakar, delivered judgment in the said suit. The court granted all the reliefs sought, and consequently declared, that the arrest and detention of Ngozi Ada-Dav from the 28th day of June, 2021 till the 15th day of September, 2021, is illegal and unconstitutional. The court also made an order of perpetual injunction restraining the Nigeria Police, the Inspector General of Police and their agents, from further harassing, intimidating or threatening to arrest her. The court further awarded compensatory damages in the sum of N30,000,000.00 (Thirty Million Naira Only) in favour of Ngozi Ada-Dav.
I sincerely appreciate the collective efforts, dedication and hardwork of my indefatigable colleagues in chambers who worked assiduously to secure these resounding victories.
We assure Ezigbo Umuchineke that we are leaving no stone unturned to ensure that justice is served on other pending cases notwithstanding the seeming bottlenecks. We shall continue to encourage you all to remain law abiding as you have always demonstrated even in the face of intimidating adversaries and unprovoked attacks by some elements masquerading themselves as security agents.
Thank you all and remain blessed;
Even as WE MOVE.
SIGNED:
SIR IFEANYI EJIOFOR, ESQ. (KSC)
IPOB’S LEAD COUNSEL.
11TH DAY OF OCTOBER, 2023.