The Police Zonal Headquarters in Ukpo, Zone 13, Anambra State, has appealed the N10 million damages judgment delivered against it by a High Court sitting in Awka, in favour of one Sunday Chukwuemeka Ekwueme, over an alleged breach of his fundamental rights.
She said the suspect was detained in police custody pursuant to a court order, stressing that the suspect was arrested and charged to the Federal High Court on December 22, 2022, for the offence of advance fee fraud and terrorism.
According to the Appeal No CA/A../2023, SUIT NO. A/MISC 461/2022, the learned trial judge with respect erred in law when he proceeded to hear and determine motion No. A/2050M/2022 on December 28, 2022, and granted the applicant bail who was arrested and charged to the Federal High Court on 22/12/2022 for the offence of advance fee fraud and terrorism without hearing from the respondents.
Nwode added, “The learned trial Judge erred in law when it assumed jurisdiction to hear and determine the applicant’s application for enforcement of fundamental rights, who was arrested by the police and charged to Federal High Court for the offence of terrorism. The State High Court has no jurisdiction to try the offence charged under Terrorism Act 2022.
“The Judge erred in law when he refused to join the persons seeking to be joined as respondents and struck out their counter affidavit. The persons seeking to be joined as respondents were the persons who made the report of advance fee fraud and terrorism to wit; willful destructions of private properties which endangered human lives and caused economic losses and which made the respondents arrest and detained the applicant .
“The refusal to join the persons seeking to be joined as respondents and striking out their counter affidavit breached the principles of fair hearing.”All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express written permission from PUNCH.
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