C.O.C Onah
An Anambra State High court sitting in Awka and presided over by justice Peace Otti has reserved judgement on the enforcement of fundamental Human rights suit marked: A/MISC87/2022 brought before it by the incorporated Trustees of Association of Awka indigenous Advocates against the Anambra State government.
Justice Peace Otti on Tuesday, February 21 adjourned judgement the suit, which was brought pursuant to section 33(1) and 41 of the constitution of the federal Republic of Nigeria,1999 as amended and Article 4 and 12(1) of the African charter on Human and People’s Rights ratification and enforcement Act, Cap, A9 Law of the federation of Nigeria,2004, order 11, rules 2 and 3 of the fundamental rights (enforcement procedure) rules 2009, till May, 18, 2023.
The plaintiffs among other reliefs, is seeking for an order of declaration, that the failure and neglect by the Anambra State government to construct roads in Awka, the Anambra State Capital and keep them in good repair, is a breach of constitutional obligation.
It is also the contention of the applicants that neglect which has also occasioned severe restrictions of free movement of people in and around Awka constitute a violation of the right to freedom of movement of indigenes and residents of Awka town guaranteed under section 41(1) of the constitution of the federal Republic of Nigeria,1999 as amended.
The applicants are therefore praying the court for an order compelling Anambra State government to forthwith commence extensive reconstruction, rehabilitation and repair of all the roads in Awka town to allow free movement of people and secure the lives of the indigens and residents of the town .
And an order compelling the 1st respondent (Anambra State government) to pay the applicants the sum of #500,000,000. 00 (Five Hundred Million Naira ) for the benefit of its members and other seriously affected indigenes and residents of Awka town whose free movement has been hampered or whose lives have been put in jeopardy or great danger as a result of the neglect by the Anambra State government as a civic duty to keep the road in Awka in good repair to befit the status of a State Capital.
When the matter came up for continuation of hearing Tuesday, before justice Otti at Awka High court 3, the representatives of Anambra State government were not in court, while the applicants were led by Ifeanyi Nwonwu, Esq, chairman Awka lndigenous advocates among whom are Emenike Nnajide, N.N Ande-Muottoh,Ngozi Asonadu, A.Z Ande-Moottoh and Charity Ndife.
Justice Otti had after taking appearance and careful perusal of the court records adjourned the case till May,18, 2023 for judgement.
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