In a landmark ruling delivered by the Enugu State High Court has ordered the paramount ruler of Iwollo Community, Ezeagu Local Government Area, Igwe Raph Okolo, to pay N1 million in damages and issue a public apology for violating the fundamental rights of a traditional worshiper, Mr. Charles Chinaecherem.
The case, Suit No: A/10/2024, was filed by Chinaecherem, who stood for himself and as the Speaker and Public Relations Officer of the Ebette Iwollo Omashi Association.
The suit also implicated Mr. Hillary Chukwuebuka, known as Osuofia, as well as the Divisional Police Officer of Ezeagu Police Station and the Commissioner of Police, Enugu State Command.
Represented by Chief Sir OAU Onyema of Akpaagu Law House, Chinaecherem accused the traditional ruler and his henchman of orchestrating his unlawful arrest, humiliation, and illegal detention on February 5, 2024, at Afor Iwollo Oghe Market Park.
The court records detailed that Chinaecherem was bundled into a police vehicle like a “common criminal” and held without food or drink from 8:15 a.m. to 7:30 p.m. that day.
“The arrest was a gross violation of my client’s fundamental rights, which are protected by the Nigerian Constitution,” Chief Onyema argued in court. “This judgement serves as a compass in addressing fundamental rights violations in Nigeria.”
The court, presided over by Justice E. Egumgbe, ruled that Chinaecherem’s arrest and detention, instigated by Igwe Raph Okolo and Osuofia, were baseless and malicious.
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The court emphasized that their actions infringed on Chinaecherem’s constitutional rights, including freedom of thought, conscience, and religion, as enshrined in Sections 34 and 35 of the 1999 Constitution, as amended.
Justice Egumgbe noted in his judgement: “The applicant was dehumanized and illegally detained without any cause. The police, acting on the orders of the traditional ruler and his henchman, had no grounds to infringe on the applicant’s rights. The arrest, made in full view of the public at Afor Iwollo Market, was both unnecessary and embarrassing.”
The court further condemned the threats issued by Igwe Raph Okolo and Osuofia against members of the Ebette Iwollo Omashi Association, a group of traditional worshipers. The threats allegedly aimed to prevent them from practicing their traditional rites, such as the Igo ana or Itu Inyi, actions the court found to be an unwarranted interference in their religious freedoms.
In an extensive judgment that spanned more than an hour, Justice Egumgbe ordered the following, “A declaration that the illegal arrest, humiliation, and detention of the applicant without just cause constituted a violation of his fundamental rights.
“An injunctive order restraining the respondents from further harassment, intimidation, or infringement on the applicant’s rights regarding his religious beliefs and practices.
“A mandatory order directing Igwe Raph Okolo and Osuofia to issue a written apology to Chinaecherem within seven days of the judgment.
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