An Enugu State High Court presided over by Justice N. Nebo has issued an ex-parte order restraining the Nigerian police from infringing on the fundamental human rights of an Enugu-based medical practitioner, Dr. Izuchukwu Okam.
Nebo, while ruling upon the motion ex-parte brought pursuant to Order 4 Rule 3 of the Fundamental Rights (Enforcement Procedure) Rules 2009, ordered the police not to interfere with the personal liberty of the applicant.
The judge ruled that the decision was hinged on Sections 35 and 41 of the 1999 Constitution as amended which guaranteed the applicant’s freedom of movement and personal liberty.
He, therefore, restrained the police, their privies or agents from interfering with Okam’s freedom pending the determination of the substantive suit.
The applicant had approached the court through his counsel, Mr Nnamdi Eluwa in suit No E/869/2019 against Dr. Ossai Uzoma, Inspector General of Police and the Commissioner of Police, Enugu as first, second and third respondents respectively.
The matter was adjourned until Jan. 21, 2020 for the argument of the application for the enforcement of the applicant’s fundamental rights.
The applicant and the first respondent and staff of University of Nigeria Teaching Hospital (UNTH), Enugu are enmeshed in a legal tussle bordering on alleged criminal libel.
However, while the matter is still pending in the court, the police had continued to hunt for the applicant which necessitated the application.
