Court Dismiss Alleged Molestation Case Against Delta Gubernatorial Hopeful

 

Wilson Macaulay


Warri




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.


It can be recalled that Olorogun Kenneth Gbagi was charged to court for allegedly stripping four of his staff naked for stealing a sum of N 5, 000. 


While delivering his judgement, the Presiding Judge, Justice Emmanuel Z. Dolor, said 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 said 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 as it frequently happens in the build up to human rights cases, the 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, I think 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".

                          

"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 concluded

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