Man ‘unlawfully incarcerated’ sues Nigerian Army over breach of fundamental human right

Nnodim, through his lawyer, C.R. Okorie, (Ph.D), SAN, says his continued detention by the Nigerian Army over trumped-up allegation constitutes a gross violation of due process of law and amounts to an infringement of his fundamental rights as enshrined in sections 34, 35, and 41 of the Constitution of the Federal Republic Nigeria 1999 (as amended).

Nnodim was said to have been arrested by the Nigerian Army on the June 1, 2023 at New Owerri, Imo State on trumped-up allegations over community leadership crisis.

According to his lawyer, in an application filed before the court, since Nnodim’s arrest he has been in the custody of the army without trial in competent court of jurisdiction.

The army is now being charged to court for breach and enforcement of fundamental human right because it failed to charge the applicant since his was arrested.

In the suit, brought pursuant to Sections 34, 35 and 41 of the 1999 constitution of the Federal Republic Of Nigeria (as amended), Order 11 Rules, 1,2,3,4 and 5, Order XI of the fundamental rights (enforcement procedure) rules 2009 and under the inherent jurisdiction of the honourable court, the Department of State Services was also joined as a respondent.

In the Notice of Application for an order enforcing a fundamental right (Order 2 Rule 1), the defendant counsel, Dr. Okorie is praying Court for:

“A declaration that the arrest and detention of the Applicant on the 1^st day of June, 2023 at New Owerri Imo State over the allegation of preparing charms as a native doctor for criminals in Imo State, constitutes a gross violation of due process of law and amounts to an infringement of the Applicant’s fundamental rights as enshrined in sections 34, 35, and 41 of the Constitution of the Federal Republic Nigeria 1999 (as amended).

“N50,000,000.00 (Fifty Million Naira) only against the Respondents, being exemplary damages for unwarranted infringement of the Applicant’s fundamental rights.

“An order of Honourable Court admitting the Applicant to bail.

“A perpetual injunction restraining the Respondents either by themselves or through their agents or servants from further arresting and detaining the Applicant over the allegation of preparing charms as a native doctor for criminals in Imo State.”

Earlier in 2022, Nnodim had dragged to court, the Nigerian Army, Inspector General of Police and the Imo State Commissioner of Police, for his attempted arrest and detention on the June 5, 2022 at Ogbosisi Umuguma in Owerri West Local Government Area of Imo and Umuezeoma Umuezike Orlu in Orlu Local Government Area of Imo State, and subjecting him to intimidation, public disgrace and mental torture.

Also joined in the suit were the Traditional Ruler of Umuzike, HRH Eze Cyricus Mkpado, one Mr. Theophilus Onyebuchukwu and Mr. Chibueze Onadike for inciting the law enforcement agencies against him and falsely accused him of crime of kidnapping, which led to the destruction and setting ablaze of his one storey building on May 26, 2022; setting ablaze of other one storey building on June 2, 2022 at Okwuabali Ihioma Orlu in Orlu Local Government Area of Imo State and destruction and setting ablaze of 9 shops complex June 3, 2022 at Umuegbe Village in Orlu Local Government Area of Imo State.

The lawyer had said the acts apart from constituting gross violation of due process of the law, and amounts to an infringement of the Applicant’s fundamental rights, Nnodim’s life and career was been ruined.

Nnodim’s lawyer was seeking for N50 million “being exemplary damages for unwarranted infringement of the Applicant’s fundamental rights” and additional “N1 billion being damages for the destruction of the Applicant’s one storey building on the 26^th day of May, 2022 and the 27^th day of May, 2022 at Umuezcoma Umuezike Orlu in Orlu Local Government Area of Imo State, the Applicant’s one storey building on the 2^nd day of June, 2022 at Okwusbali Ihioma Orlu in Orlu Local Government Area of Imo State; and the Applicant’s 9 shops complex on the 3^rd day of June, 2022 at Umuegbe Village in Orlu Local Government Area of Imo State.”

While the matter was still in court, the Nigerian troop on June 1, 2023, in a commando-style, abruptly arrested and whisked away Mr. Nnodim to their custody thereby flouting an order made by the court.