From Godwin Tsa Abuja
The Abuja division of the Federal High Court on Friday sitting in Abuja, dismissed a suit seeking the declaration of the apex Igbo social-cultural group, Ohanaeze Ndigbo as an illegal association.
Justice Inyang Ekwo specifically dismissed an application brought by the Incorporated Trustees of Ohanaeze Ndigbo General Assembly seeking an order to compel the Inspector General Of Police, Mohammed Adamu and the Attorney-General of the Federation to commence criminal prosecution of Ohanaeze Ndigbo President-General, Prof. George Obiozor, and others, for allegedly operating an unregistered association.
The applicant of the suit had claimed that the apex Igbo socio-cultural group, Ohanaeze Ndigbo, was an illegal association.
Ruling in the suit filed by Amobi Nzelu on behalf of the applicant for a judicial review, Justice Ekwo held that the applicant has failed to furnish the court with facts that would warrant the granting of it’s relief.
In the suit marked FHC/ABJ/CS/56/2021, the applicant wanted applied for leave for the issuance of an order of mandamus compelling the IGP and AGF to exercise its powers and “arrest, investigate and commence criminal proceedings against Prof. George Obiozor, Obi Nwali, Okey Egbuche Beatrice Eze, Bartholomew Okeke and Ogbonna for running an illegal and/or unregistered association known as Ohanaeze Ndigbo.”
The motion exparte was brought pursuant to order 34 Rules 1(a) and (3) of the Federal High Court Rules 2019 and section 6(6) (a) of the 1999 constitution.
The plaintiff’s counsel had alleged that while his client is registered with the Corporate Affairs Commission (CAC), the name “Ohanaeze Ndigbo” was not captured in the commission’s record as the organization headed by Prof. Obiozor.
But in his ruling on Friday, Justice Inyang Ekwo said the applicant failed to provide facts to guarantee the success of his application.
Subsequently, he termed the suit as frivolous and dismissed it for lacking in merit.
The ruling partly reads: “In my opinion, where such prayer is sought it must be demonstrated with concrete evidence that those sought to be arrested, investigated and prosecuted have criminal offence(s) known to law.
“This is because the power given to the Attorney General of the Federation in section 174 (1) of the 1999 constitution and the power given to the Inspector General of Police in section 4 of the Police Act are not intended to be used in vacuo or without a cause.
“The allegation here is that the persons sought to be arrested, investigated and prosecuted, that is, Prof. George Obiozor, Obi Nwali, Okey Egbuche, Beatrice Eze, Bartholomew Okeke and Ogbonna are running an illegal and/or unregistered association known as Ohanaeze Ndigbo similar to that of the Applicant which has been registered under Part C of the CAMA by the CAC.
“The onus is on the Applicant to show the statute underlying their allegation creates a criminal offence which the 1 and 2 Respondents are obligated to enforce by the power of arrest, investigation and prosecution.
“What applicant in an exparte application must understand is that the power of the court to evaluate and ascribe probative value to the averrements in the affidavit in support is neither diminished or extinguished simply because there is no counter affidavit.
“It is my opinion, upon perusing the averrements in the affidavit in support of this application and exhibits A, B, C and D respectively that a prima facie case has not been made by the applicant for this application to succeed.
“One clear thing about application ex-parte is that since opposition is not envisaged at that stage, Applicant must be cautious enough to clearly demonstrate to the Court and cause of justice which the application aims to address.
“In the end, I am unable to see any justifiable cause in this application. I think this application is frivolous and I am unable to lend the judicial powers of this Court to encourage such litigations.
“I make an order dismissing this case for lacking in merit. This is the order of this Court.”