These are clearly not the best of times for former Governor Ikedi Ohakim as he is enmeshed in multiple litigations against him.
His effort to stave off the legal offensive against him with a contempt application Tuesday suffered a major setback at a High Court in Owerri, the Imo State capital.
While Ohakim is still grappling with the outcome of the stalled contempt application today, he is expected to appear in an Abuja High Court on Wednesday the 11th of November, 2020 in a case against the Inspector General of Police.
This is also as a warrant for his arrest, is said to have already been signed and the arrest may be effected in court tomorrow (Wednesday).
However, the application by the former governor for the commital of some police officers and a business woman for alleged contempt was Tuesday stood down for a later date as all the necessary processes for the application to be heard were yet to be fully complied with. .
At the hearing of the suit number: HOW/717/2020, in Owerri, filed by the former governor to enforce his fundamental rights over alleged harassments by the the police, their agents and Ms. Chinyere Amuchienwa-Igwebe, Ohakim said the respondents violated a restraining order made by the court on September 10th, 2020, which ordered that the status quo be maintained pending the determination of the substantive suit.
According to the counsel to Ohakim, Aloy Ejimakor, the applicant, on September 10, 2020, secured a restraining order against the Nigeria Police Force, DCP. Kolo Yusuf and SP. Mohammed Yusuf, Mr. Stanley Nwodo, Mr. Orji Kanu and the Commissioner of Police, Mr. Tuesday Osayemo, all of whom are of the Prosecution Section of Nigeria Police Headquarters, Abuja.
Ejimakor disclosed that the order was duly served on all the parties but was violated by the Nigerian Police Force through some of its officers who proceeded to file charges against Ohakim.
Counsel for the police and its agents, M. O. Omosun, and that of Ms. Amuchienwa-Igwebe, I. O. Nweze opposed the application, saying the order had already expired as at the 25th of September it was reaffirmed.
Nweze drew the attention of the court to Order 9 rule 1 of the fundamental right enforcement procedure rule 2009, which states that nothing should stop the hearing for breach of fundamental right.
Pursuant to order 9 rule 1, Nwaeze applied that the counter affidavit of the 5th respondent (Amuchienwa-Igwegbe) which was filed out of time be regularized so that the matter of fundamental right would proceed.
In her ruling, Justice I. G. Chukwunyere who stood down the commital application, said there was need for the substantive suit to be heard.
Justice Chukwunyere said, “pursuant to order 9 rule 1 and also section 36 (1) of the 1999 Constitution which I have critically considered, I therefore grant leave to the 5th respondent to regularize the application.”
The judge adjourned hearing of the substantive fundamental right application to Thursday December 3rd, 2020.
