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From Godwin Tsa, Abuja
A High Court of the Federal Capital Territory, FCT, has quashed the police investigation report and charge slammed against the spokesperson of the Coalition of United Political Parties (CUPP), Ikenga Imo Ugochinyere describing it as a product of illegality and an attempt to infringe on his fundamental human rights.
Justice Binta Mohammed in her judgment on Friday held that the purpose of both the illegal police investigation report and the trumped up charges was to frame the applicant so as to breach his fundamental human rights.
The court consequently set aside the allegations of murder, arson,attacks on INEC offices, hacking of INEC data, robbery, breach of National Security and terrorism, describing it as trump-up criminal charges.
The CUPP Spokesperson had tendered credible evidence on how the INEC Voter register in Governor Hope Uzodinma Omuma’s ward and 18 other APC states were compromised by those desperate to rig the 2023 election.
Miffed by the content of his press conference, the police, DSS and the Imo state government went after him in a manner that culminated into the filling of the criminal charges against him.
The judgment was in respect of a fundamental enforcement rights suit filed by Ugochinyere, who is also the candidate of the Peoples Democratic Party for the Ideato North/South Federal Constituency.
He had prayed the Court to void the said false allegations made against him by the police, the Department of State Security Service and the Imo State Government, as they were all politically motivated without any shred of evidence and protect his fundamental rights of freedom of expression.
Mr. Ugochinyere contended that the false allegations were cooked in the Imo State Government House as a plot to stop him from further exposing the manipulation of the Voter register by officials of the Imo State Government for which the Independent National Electoral Commission has deleted millions of fake registrations and about 13 of its staff are undergoing disciplinary action.
The Court therefore restrained the Defendants including the Attorney General of Imo State, Nigeria Police Force, Inspector General of Police. and Director General State Security Services from further intimidating, harassing, embarrassing, inviting, arresting or detaining prosecuting or charging to court the opposition spokesperson Ikenga Imo Ugochinyere based on any issues connected to the trumped up charges including the allegations of murder, robbery, arson, hacking into INEC database, terrorism, larceny, breach of national security all targeted at shutting him up against further exposure of voter register compromise.
The Court also awarded the sum of N5m only as general and exemplary damages in favour of the applicant against the defendants jointly and severally.
Besides, the court declared that the compromise of the voter register is a threat to democracy and also voided the Police investigation report dated October 18, 2022 and the charge in Charge No. OW/651/2022.
Justice Binta who described the acts of the respondents as executive recklessness and abuse of power said the police investigation report leading to the trumped up charges against the applicant is suspect and an act of illegality.
“The aim and purpose of the allegations, the police investigation report and trumped up charge is to clamp down on the applicant and breached his fundamental human right.
” A court of law has a duty to protect citizens against abuse of power that transcends into abuse of their fundamental human rights.
“The police and indeed security agencies should not allow themselves to be used by politicians. The police report is born out of malice and an attempt to breach the applicant’s fundamental human rights.
” There is no material evidence placed before this court to justify the allegations and charge against the applicant. The allegations are porous and can not stand. In the absence of any sufficient material to prove the allegations, this court cannot act on it.
“The use of the police report, illegal allegations and trumped up charges to harass, intimidate and arrest the apllicant is reprehensible and null and void.
” Consequently, the illegal police investigation report and the trumped up charge against the applicant is set aside,” Justice Binta ruled.
The court thereafter restrained the defendants including the Attorney General of Imo State, Nigeria Police Force, Inspector General of Police and Director General State Security Services from further intimidating, harassing, embarrassing, inviting, arresting or detaining prosecuting or charging to court the opposition spokesperson, Ugochinyere, based on any issues connected to the charges including the allegations of murder, robbery, arson, hacking into INEC database, terrorism, larceny, breach of national security, which he said were all targeted at shutting him up against further exposure of voter register compromise.
The Court also awarded the sum of N5 million only as general and exemplary damages in favour of the applicant against the defendants jointly and severally, declared that the compromise of the voter register is a threat to democracy and also voided the Police investigation report dated October 18, 2022 and the charge with No: OW/651/2022.
Responding to the judgment, Ikenga Ugochinyere described it as victory for democracy and rule of law.
He said instead of the police command to go after those involved in the widespread plot to compromise the 2023 election, is busy witch-hunting innocent persons.
While thanking the judiciary to standing out as the last hope of thr common man, Ugochinyere said the judgment has emboldened him to make more revelations that would strengthen and protect the pemocratic process.
