JULY 06 , 2023 | EASTERN PILOT Report By: Friday Olokor | The Enugu State high court has delivered a landmark judgement in favour of Mr. C...
JULY 06 , 2023 | EASTERN PILOT
Report By: Friday Olokor |
The Enugu State high court has delivered a landmark judgement in favour of Mr. Chuks Egwuatu's family against the Nigeria security service(DSS) in a judgement in the suit No: E/37/2022 Between Egwuatu Stephen (Suing through his legal representative Egwuatu Chukwuka) V State Security Service; the lawyer wrote. Recall that on the 8th day of November, 2021, Idara Gold was arrested alongside the younger siblings of Mazi Egwuatu Chuks, amongst whom was his 12years old brother- Egwuatu Stephen.
Notwithstanding the fact that the young boy Stephen was released on the 11th day of November, 2021, we knew that it was absolutely imperative that the State Security Service (SSS), are held accountable for the period he was unjustly detained. Consequently, on the 28th January, 2022, we commenced a fundamental rights enforcement action before the Enugu State High Court on behalf of Egwuatu Stephen, in Suit No: E/37/2022. Today, the 4th day of July, 2023, the Honourable Court Per Justice C.O. Ajah, delivered judgement in the said Suit. The court held that the arrest and detention of Egwuatu Stephen from the 8th Day of November to 9th Day of November 2021, before obtaining an order of court to detain him, is unlawful.
The court consequently awarded the sum of ₦5 million naira only as damages against the State Security Service (DSS). The court further directed the State Security Service (DSS) to tender public apology to Egwuatu Stephen in one National daily or radio station. I immensely appreciate the hardwork and commitment of my Colleagues in Chambers, who worked assiduously, while braving all the attendant risks, to ensure that this victory was secured. Be rest assured UmuChineke, that we are doing everything within our powers and legally permissible, to ensure that all those being unlawfully detained, get the deserved justice and are released unconditionally.
Thank you and may God bless you all. We move! Signed: Sir Ifeanyi Ejiofor, Esq. (KSC) IPOB's Lead Counsel, 4th July, 2023. The lawyer concluded.
In a related court proceedings, the court orders retraction, apology in PUNCH, others. Justice Njideka Nwosu-Iheme of a High Court of the Federal Capital Territory has awarded N5.5 million damages in favour of Ifeanyi Ejiofor, counsel to the detained leader of the Indigenous People of Biafra, Mazi Nnamdi Kanu. The court also granted a perpetual injunction restraining the defendant and Executive Director of Due Process Advocate, Emeka Ugwuonye, his agents, associates, privies, and/or proxies howsoever called, from carrying out any libelous publication against Ejiofor.
Ejiofor had in the suit marked: CV/535/2022, dragged Ugwuonye, an activist and lawyer to a Federal Capital Territory High Court in Abuja, demanding N5.1bn for allegedly defamatory publication. One of the defamatory materials was said to have been published and circulated to third parties on the Internet on February 5, 2022, and continued till February 8, 2022. Ugwuonye had alleged that “Ejiofor was facing serious investigation for fraud and forgery by the EFCC.” Among the reliefs sought by Ejiofor included the following: “A declaration that the publications variously made by the defendant of and concerning the claimant, on the 5th, 6th, 7th, 8th, 9th, 10th, and 12th of February, 2022, the particulars of which are contained in the statement of claim, are defamatory of the claimant.
“An order of the Honourable Court directing the defendant to forthwith publish a full retraction of the utterly libelous publications and an unqualified apology to the claimant in at least three national Newspapers with nationwide circulation. “An order of the Honourable Court directing the defendant to forthwith publish a written undertaking not to publish any similar or further libel of and concerning the claimant. “A perpetual order of injunction restraining the defendant, his agents, associates, privies, and/or proxies howsoever called, from publishing any similar or further libel of and concerning the claimant. “The sum of N5,000,000,000:00 (Five Billion Naira Only) as general and exemplary damages.
“The sum of N100,000,000:00 (Hundred Million Naira Only) being the cost of this action.” Justice Nwosu-Iheme in the judgement obtained by journalists in Abuja on Tuesday ordered that the publications variously made by the defendant concerning Ejiofor on February 5, 6, 7, 8, 10, and 12 2022, the particulars of which were contained in the statement of claim, were defamatory. The court also ordered the defendant (Emeka Ugwuonye) to forthwith publish a full retraction of the utterly libelous publications apology to the claimant (Sir ifeanyi Ejiofor) in at least three national Newspapers with nationwide circulation, including PUNCH, Daily Times, and PREMIUM TIMES.
The defendant was also ordered to forthwith publish a written undertaking not to publish any similar or further libel of and concerning the claimant. Other orders made by the court included, “Perpetual injunction restraining the defendant (Emeka Ugwuonye) his agents, associates, privies and/or proxies howsoever called, from publishing any similar or further libel of and concerning the Claimant (Sir Ejiofor). “The sum of N5 million only as general and exemplary damages. The sum of N500 thousand being the cost of this action.” Reacting to the judgement, Ejiofor said, “Be rest assured that this judgment shall be executed to the letter. I immensely thank my colleagues in chambers and Barrister Maxwell Opara, who worked assiduously to secure this victory.
“Ugwuonye’s ilks, including a certain lawyer in America who ought to have known better, are by this publication put on notice that- it does not matter who you are or whom you’re affiliated with or where you are; it is only a matter of time. But I shall ensure that the long arm of the law catches up with you, and you shall definitely pay for the irreparable damages caused. “Now that I am done with the civil proceedings in the instant case, I shall now proceed with criminal proceedings against the said cyberstalkers pursuant to the Cybercrime (Prohibition, Prevention, etc) Act 2015. “If you are courageous enough to commit a crime, you should also be courageous enough to face the inescapable consequences of your actions. The other suits I initiated against some of these social media noisemakers are ongoing, and upon the conclusion of same, I shall make the necessary update(s).”
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