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Court Throws Out Former Governor’s Petition To Jail Ex-Mistress.
The Imo State High Court, on Tuesday, threw out a petition filed by the former Governor of Imo State, Ikedi Ohakim, to arrest and jail a businesswoman, Ms Chinyere Amuchienwa-Igwebe.
Ohakim said he filed the suit in court in a bid to enforce his fundamental human right.
According to him, the respondents disobeyed a September 10 court order for them to maintain the status quo pending the determination of the substantive suit. The Street Journal had earlier reported that the former governor and Ms. Amuchienwa, who is alleged to be his ex-mistress, petitioned the IGP to settle a case between them.
Speaking to newsmen, Aloy Ejimakor, the lawyer to the former governor said on September 10, he got a restraining order against officers – DCP. Kolo Yusuf, SP Mohammed Yusuf, Stanley Nwodo; Orji Kanu and that of the Commissioner of Police on Nov. 10. All of the officers are said to be in the Prosecution Section of the police headquarters in Abuja.
Ejimakor said the order was duly served to all the parties. He noted that the police, acting through the officers and on apparent prompting from Ms. Amuchienwa-Igwegbe, proceeded to file charges against Ohakim and caused the charge to be published in newspapers and the social media.
The lawyer noted that subsequent summons for Ohakim’s alleged arraignment on November 11 was also published in newspapers but was not served on him. It was in view of the developments that he applied to the court for committal on the officers involved.
He said: “The business of the court today is form 49 which has been filed and served. It was served on November 4. We’re trying to restrain the police from doing anything.
“However, we proceeded with the form 49 since it has become clear that the order has been disobeyed. We have also served the police.”
The lawyer to the police and its agents, M. O. Omosun, and that of Ms Amuchienwa-Igwebe, I. O. Nwaeze, opposed the application, saying that the order had been varied and already expired as at September 25.
Nwaeze drew the court’s attention 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.
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