The Driver of GUO Transport who was beaten at Unizik Junction by some thugs attached to the MD/ Chief Executive Officer of the Awka Capital Territory Development Agency (ACTDA), Mr. Ossy Onuko and Passengers in the vehicle have filed separate suits at the Federal High Court, Awka Division and Anambra State High Court Division respectively for the Enforcement of their Fundamental Rights, brought by Chief Hon.Sir Barth Okafor-Ezedinobi Esq. of Barth Okafor-Onyilo &Co. on their behalf.
He sought among others, an Order of the Courts declare their detention, arrest, blockage, threat with guns and assault with machetes and eventual abduction of the driver to an unknown location as illegal and unconstitutional.
Also, among the reliefs being sought from the Courts are a declaration that ACTDA and/or any other creation of the Anambra State Government by whatever names they are called or known have no business to be on Federal roads to operate, enforce any law or discipline any motorist or individuals;and that the Applicants having been harassed, threatened with guns, assaulted with machetes and detained inside bus, later to unknown place and at CPS, Awka without any lawful justification and based on the unfounded, Frivolous and faceless allegation of the bus driver overtaking Hon. Osita Onuko’s Toyota Hilux Jeep on a Federal High Way constitutes a breach of the Applicants’ fundamental human right to their dignity, liberty and free movement secured by Sections 34,35 and 41 of the 1999 Constitution (as amended).
The Suits marked FHC./AWK/CS/193/2023 and A/MISC, 425/2023 respectively, between the Applicants and Hon. Osita Onuko (MD/CEO ACTDA) &5 others ( which includes, The Nigerian Police Force, NSCDC, Anambra State Government ,The Hon. A-G. of Anambra State and ACTDA are brought pursuant to Order 11 Rule 2 of the Fundamental Rights (Enforcement Procedure) Rules, 2009; Sections 34,35,41 and 46 of the 1999 Constitution (as amended) and under the Inherent Jurisdiction of the courts.
In the Suits filed on the 25th October, 2023 and 31st October, 2023 respectively, the legal practitioner Chief Hon. Barr. Sir Barth Okafor-Ezedinobi joined serious issues against the Respondents relying on the affidavits of the Applicants and Exhibits made available to him, including the videos of the unfortunate incident and naked assault on the Applicants on the 20th October, 2023.
The matter was brought as a public interest litigation, in the overall interest of the Applicants, the Nigerian public, democracy and rule of law in Nigeria and the need to sustain the anti-corruption spirit and momentum.
Counsel equally maintained that the operation of the Respondents (especially Anambra State Government and its agents) on the day of the incident negates the Testament to the Rule of law and federal character on a Federal road.