Skip to main content

High Court dismissed suit against Olorogun Kenneth Gbagi, No infringement on Rights

High Court dismissed suit against Olorogun Kenneth Gbagi, No infringement on Rights



A High Court sitting in Effurun, Delta State, has dismissed infringement suit seeking the enforcement of fundamental rights filed by Okiemute Diaghwarhe against Olorogun Barr. Kenneth Gbagi, a 2023 governorship hopeful.

Delivering Judgement, the presiding Judge, Justice Emmanuel Z. Dolor, said on Monday July 26, 2021, that the suit with Reg. No. EHC/FHR/79/2020, lacked merit, and could not hold water.

Justice Dolor revealed that the legal battle started on October 5, 2020 as an originating motion on notice.

The Judge, in his wisdom, declared that what must be appreciated by all and sundry, "is that the spirit and driving principles of the fundamental rights enforcement regime in Nigeria, may be liberal but they are by so means laissez faire or wishy-washy, for were they so, constitutional liberties themselves would be imperilled and could not be guaranteed in the long run".

He stated that it would appear, as frequently happens in these human rights cases, that in the build up to this case, Applicant succumbed to the temptation to be dramatic and sensational, adding that it would appear that the Applicant was in so much hurry to go to court that she failed to watch her back or do her homework well.

According to him, "for a three billion naira suit, methink the Applicant did too little and should have been more painstaking, more clinical and intentional in her approach to the case; after all time does not really run against an intending applicant in fundamental rights actions".
                          
Dolor therefore hinted that: "In the light of the foregoing, the substantive issue for determination which I set out to resolve at the outset of this judgment shall be resolved against the applicant, and it is hereby so resolved, because I Specifically find out that none of the applicant's fundamental rights has been, is being or is likely to be infringed upon by any of the Respondents, and I so hold.

"The application filed by the applicant for the enforcement of her fundamental rights is hereby dismissed for lack of merit, he sounded.
Labels:

Comments

Post a Comment

Popular posts from this blog

Breaking: ASUU suspends 2-week warning strike

The Academic Staff Union of Universities, ASUU, has suspended its two-week warning strike it declared last week across all public universities in the country. The union announced the suspension on Wednesday at a press conference held at its headquarters in Abuja. President of ASUU, Chris Piwuna, who read a prepared speech before newsmen, explained that the development followed intervention by the Senate and some other well-meaning Nigerians. However, he sad the National Executive Council of the Union resolved to give the government a one-month window to address all contending areas.
2 comments
Read more

JUST IN: If Tinubu Had Told Me, I Wouldn’t Have Agreed To Rivers State Of Emergency Rule – Wike

The Minister of the Federal Capital Territory (FCT), Nyesom Wike, has stated that he would not have agreed with President Bola Ahmed Tinubu if he had discussed his move to declare a State of Emergency in Rivers State. Wike noted that he is not in conflict with the suspended Rivers State Governor,      Sim Fubara  He stressed his opposition on the State of Emergency rule, stating that only the President knows the right time to lift it. While speaking to journalists in Abuja on Monday, Wike remarked that Fubara has permitted himself to be manipulated by his adversaries to oppose him. The FCT Minister said: “ I made it clear that this impunity will not stand, so what is happening in PDP is what I call undertakers because I see no reason why you will put yourself under that kind of crisis. “I don’t have any crisis with him (Fubara). I’m not the President who declared a State of Emergency; if Mr President had called me, I wouldn’t have agreed to the State of Emergenc...
Post a Comment
Read more

Woman Burned to Death, Accused of Kidnapping 7yrs Old Boy in Delta

By Tessy ogbemi An angry mob set ablaze a woman accused in a failed child kidnapping attempt in Agbarho community, Ughelli North Local Government Area of Delta State.  The incident happened on Wednesday, September 24, 2025.  An eyewitness disclosed at the scene of the incident at Ekwvere Road claimed that the woman hid the seven year old boy she allegedly abducted in a sack, adding that she was even carrying a Bible on one hand.  Community sources said some residents in the area accosted the lady when they observed the way she was dragging the sack, to know what she had in it.  "She was unstable when they asked her to disclose what she was carrying in the sack. When the bag was forced open, they found a seven year old child in it. They shouted and it attracted a large crowd,” a source said.  It was gathered that the angry mob immediately brought a used tyre to the scene, which they forced down her neck after beating her to a pulp.  “The lady and the tyre we...
1 comment
Read more