LAGOS NOVEMBER 27TH (URHOBOTODAY)-The Federal High Court sitting in Asaba, Delta state has dismissed the motion of application for the enforcement of fundamental right to life of Late Chief Ogbe Onokpite, former Delta State Governorship candidate of Citizens Popular Party during the 2007 elections.
Justice T. B. Adegoke who delivered the judgment, described the application for the enforcement of fundamental right to life of Late Chief Ogbe Onokpite as abuse of court process.
Mr. Diemo Onokpite, as applicant and the Nigeria Police Force and 9 others as respondent in a suit number FHC/ASB/CS/89/2020 had sought for the enforcement of fundamental right of late Chief Onokpite as guaranteed under section 33 and 34 of the 1999 constitution.
Justice T. B. Adegoke explained in her judgement that it was an abuse of court process because the application had been heard by the High Court of Justice, Warri Division in a suit between Lawrence Onokpite and two others versus IGP and two others.
“So the subject matter is the same, the applicant was a party in the suit and the matter heard by a court of competent jurisdiction and among others” , she added.
In reaction to the judgment, Barrister Eriata Odiana counsel to Diemo Onokpite expressed dissatisfaction over the judgment, promising to appeal the judgment.
According to him, there are many valid grounds to go for appeal as the applicants and respondents are not same with applicants and respondents of the suit at the High Court in Warri.
Daily Independent