…Demands N2bn damages
An Owerri Based Human Rights Lawyer, Okafor, of Okemuo Chambers has instituted a human rights enforcement suit against the Imo State government for ordering the closure of six major markets in the state recently, to compel traders to abandon their businesses for the reception of President Bola Ahmed Tinubu who visited the State on that day to commission some projects executed by the Governor Hope Uzodinma administration.
Barr . Okafor, in the originating Summons marked as Suit No:FHC/OW/FHR/89/2025 with the caption, “IN THE MATTER OF AN APPLICATION FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHTS UNDER SECTIONS 34, 36, 40, 41 AND 44 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED) AND ARTICLES 6, 15 AND 19 OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS (RATIFICATION AND ENFORCEMENT) ACT, CAP A9, LFN 2004, between himself as a concerned citizen of Nigeria and for himself and other Imo citizens as Applicant and the Imo State government, the Hon Attorney General and Commissioner for Justice, the Commissioner for Trade, Commerce and Investment, Imo State, as Respondent, said, “(Brought pursuant to Sections 34, 36, 40, 41 and 44 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Articles 6, 15, and 19 of the African Charter on Human and Peoples’ Rights (Cap A9, LFN 2004), and Order II Rules 1, 2, 3, and 4 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, and under the inherent jurisdiction of this Honourable Court).
“TAKE NOTICE that this Honourable Court will be moved on the day of… 2025 at the hour of 9 o’clock in the forenoon or so soon thereafter as Counsel may be heard on behalf of the Applicant for the following reliefs:
“A DECLARATION that the public notice issued by the 2nd Respondent directing the closure of six (6) major markets in Imo State to wit: Relief main green roof and plaza, Imo Auto Market Naze, Imo international market, Alaba, Imo International market, Egbeada, Imo Timber and Allied market Naze, Imo International Cluster market, Naze, Imo Cluster market Hausa section and Imo Mechanic Village Market Avu on the 30th of September, 2025, is unconstitutional, unlawful, null and void.
“A DECLARATION that the closure and locking up of the six(6) markets in Imo State as listed above on 30/09/2025 pursuant to the said notice violated the Applicant’s and other Imo citizens’ fundamental rights guaranteed under Sections 34, 36, 40, 41 and 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Articles 6, 15 and 19 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, LFN 2004.
“A DECLARATION that the Respondents have no lawful authority to compel citizens to abandon their lawful businesses or to attend political/state events against their will.
“The lawyer prayed for an Order restraining the Respondents, their agents, servants, privies, or whosoever, from issuing or enforcing any future directive compelling market closure or attendance at political/state events against citizens’ will.
“The lawyer prayed for an Order restraining the Respondents, their agents, servants, privies, or whosoever, from issuing or enforcing any future directive compelling market closure or attendance at political/state events against citizens’ will.
AN ORDER for general damages in the sum of N2,000,000,000.00 (Two Billion Naira) against the Respondents jointly and severally for the unlawful closure of markets, disruption of trade, economic hardships and violation of the fundamental rights of the Applicant and other citizens of Imo State.
AN ORDER for exemplary damages in the sum of N500,000,000.00 (Five Hundred Million Naira) to serve as deterrence against future arbitrary violations of citizens’ rights by the Respondents.
AND for such further or other orders as this Honourable Court may deem fit to make in the circumstances.
GROUNDS UPON WHICH RELIEFS ARE SOUGHT
1. The Applicant is a Nigerian citizen and indigence of Imo State entitled to the enjoyment of fundamental rights guaranteed under the Constitution and the African Charter.
2. On 30th September, 2025, the Respondents enforced a public notice which compelled the closure and locking up of six (6) major markets in Imo State, forcing traders and business operators to abandon their lawful activities.
3. The said action amounts to violations of the Applicant’s and other citizens’ rights to dignity of the human person, freedom of movement, freedom of association, and right to own property and engage in lawful trade.
4. The Respondents acted ultra vires their statutory powers and contrary to the Constitution, which is supreme.
5. Unless restrained by this Honourable Court, the Respondents will continue to violate citizens’ rights by similar unlawful directives in the future”.
