Lawyer Slams Public Interest Suit Against Delta Govt, State Assembly Over Alleged Inconsistent In… 

Warri-based human rights lawyer and Executive Director, Centre for Underprivileged and Vulnerable Persons, Centrep, Oghenejabor Ikimi, on Thursday announced that High Court 1, Effurun has fixed 16 November, 2017 to hear the suit against the Delta State Government, State House of Assembly as well as the Attorney General of the state over a section of the Criminal Procedures Law (Law of Delta state, as enacted in 2016).

The originating summons which was filed on 4th August, 2017, with Suit No: EHC/153/2017 Oghenejabor Ikimi, ESQ., Vs. Delta State Government & 2 others is praying the court for the interpretation of Sections 6(6), 35(1) (4), 17(2)(e) & 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) vis-à-vis the proviso to Section 120 of the Criminal Procedure Law Cap. C22 Laws of Delta State of Nigeria, 2006 enacted and signed into law by the Defendants.

The proviso to Section 120 of the Criminal Procedure Law Cap. C22 Laws of Delta State of Nigeria, 2006 provides thus:

Provided that at the time of making the application for bail, the applicant shall deposit with the Registrar-
a) 1 realm of typing sheet paper;
b) 2 standard office file jackets;
c) 1 typing ribbon;
d) 1 bottle of correction fluid, for the official use of the Court or the Director of Public Prosecution.

Ikimi, however in his suit is asking the court to determined whether the proviso to Section 120 of the Criminal Procedure Law Cap. C22 Laws of Delta State of Nigeria, 2006 enacted and signed into law by the Defendants is inconsistent with Sections 35 (1)(4), 17(2)(e) & 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

He also want the court to determined whether the proviso to Section 120 of the Criminal Procedure Law Cap. C22 Laws of Delta State of Nigeria, 2006 enacted and signed into law by the Defendants infringes on the fundamental right of an Accused person to personal liberty and/or a clog on the right of an Accused person to unfettered access to a Law Court to apply for bail contrary to Sections 35 (1)(4), 17(2)(e) & 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

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According to a copy of the originating summon made available to BigPen Online, the Claimants claim against the Defendants jointly and severally is as follows:

A Declaration that the proviso to Section 120 of the Criminal Procedure Law Cap. C22 Laws of Delta State of Nigeria, 2006 enacted and signed into Law by the Defendants is inconsistent with the provisions of Sections 35 (1)(4), 17(2)(e) & 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and as such void.

A Declaration that the proviso to Section 120 of the Criminal Procedure Law Cap. C22 Laws of Delta State of Nigeria, 2006 enacted and signed into Law by the Defendants infringes on the fundamental right of an Accused person to personal liberty as guaranteed by Sections 35 (1)(4), 17(2)(e) & 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and/or a clog on the right of an Accused person to unfettered access to a Law Court to apply for bail.

An Order of this Honourable Court setting aside the said proviso to Section 120 of the Criminal Procedure Law Cap. C22 Laws of Delta State of Nigeria, 2006 enacted and signed into Law by the Defendants as void as same is inconsistent with the provisions of Sections 35 (1)(4), 17(2)(e) & 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

An Order of perpetual injunction restraining the Defendants, by themselves, their agents, privies, assigns and nominees from further implementing the above proviso to Section 120 of the Criminal Procedure Law Cap. C22 Laws of Delta State of Nigeria, 2006.

AND any other suitable relief or other orders this Honourable Court may deem fit to make in the circumstances.

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Ikimi, however in the statement concluded that all the Parties to the above Suit have since been served and same fixed for the 16th day of November, 2017 for hearing at the High Court No. 1, Effurun.

He added that the Suit is a public interest Suit geared towards advancing human rights and culture, and not to disparage the Defendants or anybody for that matter.

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