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The High Court of Imo State has thrown out applications filed by one Chinyere Amuchienwa against the hearing of a fundamental rights enforcement suit instituted against her and the Nigeria Police Force by an Ex-Governor of Imo State, Dr. Ikedi Ohakim.
Other defendants in the fundamental rights suit are DCP Kolo Yusuf, Force Intelligence Bureau (FIB), Special Tactical Squad; SP Mohammed Yusuf, (FIB, Special Tactical Squad) and Commissioner of Police, Imo State.
However, during the course of proceedings, the lady, who has been accusing Ohakim of wrongdoings for which Ohakim had sued her, applied to the Court to refer the case from the High Court to the Court of Appeal.
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She argued that under the Constitution, the High Court can refer a case concerning an issue of interpretation and application of the Constitution.
But responding, counsel to Ohakim, Aloy Ejimakor argued otherwise, stating that the case before the Court concerns enforcement of fundamental rights, not interpretation and application of the Constitution.
In her ruling, the presiding judge Justice IG Chukwunyere upheld Ejimakor’s arguments, ruling that ‘this application is pre-emptive and is therefore refused. The application fails and is accordingly struck out.’
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