An Enugu High Court, presided over by Justice R. N. Onuorah on Monday the 2nd day of March 2015 awarded the sum of N 500, 000.00 (Five Hundred Thousand Naira) as compensation to an Enugu-based lawyer Mr Chukwunonso Daniel Ogbe, and against the Government of Enugu State, following the strike action that was embarked upon by members of Judiciary Staff Union of Nigeria (JUSUN) on the 11th day of July 2014.
The action was filed as the case of Mr Chukwunonso Daniel Ogbe v. Attorney General Enugu State & Anor, in Suit No: E/463M/2014.
The applicant initiated the matter as a fundamental rights suit, claiming that the actions of the Government of Enugu State in not carrying into force the decision of the Federal High Court on financial autonomy for state judiciaries in the case of Judiciary Staff Union of Nigeria v. & National Judicial Council & Ors Suit No. FHC/ABJ/CS/667/2013, with the consequential closure of court premises of state courts in Enugu State on the 11th day of Juky 2014, denied him his right to life as guaranteed under section 33 (1) of the Nigerian constitution.
The applicant contended that the violation of the right to life includes the denial of a citizen’s right to means of livelihood and that the Government of Enugu State, by embarking on cause of action that gave rise to the closure of premises of state courts in Enugu State, forcing him not to attend court sittings to practice law between the 11th day of July and the 1st day of August 2014, denied him his right to life.
The applicant also submitted that the actions of the Government of Enugu State in not carrying into force the judgement of the Federal High Court in Suit No FHC/ABJ/CS/667/2013, amounts to the violation of his right to work under equitable and satisfactory conditions, as guaranteed under article 15 of the African Charter on Human and Peoples Rights (Ratification and Enforcement)Act (African Charter).
Likewise, the applicant argued that the actions of the Government of Enugu State in not complying with the judgement of the Federal High Court on financial autonomy for state judiciaries, amounts to the violation of the right of Nigerians to have an independent judicial arm of government in Enugu State, as guaranteed under article 26 of the African Charter.
Counsel to the Government of Enugu State, Barr. Victor Abochi (Chief Legal Officer in the Ministry of Justice Enugu State) on his own part, averred that the applicant’s right to life was not violated,
as the right to life is only violated when the life of a citizen is taken away in a manner not envisaged under section 33 of the Nigerian constitution.
Counsel to the State further argued that the right to an independent judicial arm of government is a right that belongs to the generality of the public and cannot be enforced by the applicant alone.
The trial judge, in a judgement that lasted for over an hour, held that the right of the applicant to life was violated, as the right to life includes the right to means of livelihood.
The court held that the applicant earns his means of livelihood by practicing law, and that the Government of Enugu State, by failing to respect the decision of the Federal High Court on financial autonomy for state judiciaries, which gave rise to the closure of court premises of state courts in Enugu State on the 11th day of July 2014, thereby preventing the applicant from going to court to earn his living, violated the applicant’s right to life as guaranteed under article 33 (1) of the Nigerian constitution.
The Judge held that the definition of right to life as being limited to instances where the right of a citizen was cut short without the due process of law being observed, is a restricted interpretation.
The court, while making reference to the Indian cases of Olga Tellis v. Bombay Municipal Corporation and FrancisCoralie Mullin v. The Administrator, Union Territory of Delhi cited to him as persuasive authorities by the applicant, asserted that a human being who is denied his means of livelihood cannot be deemed to be alive.
The court however held that the applicant’s right to work under equitable and satisfactory conditions as provided under article 15 of the African Charter was not violated, as the said right is only applicable to cases bordering on master/servant relationships.
The trial Judge further went on to hold that the right of the applicant and other Nigerian citizens to have an independent judicial arm of government as guaranteed under article 26 of the African Charter was violated by the Government of Enugu State, sequel to the refusal of Enugu State Government to comply with the judgment of the Federal High Court in Suit No. FHC/ABJ/CS/667/2013.
The court accordingly awarded N 500, 000.00 (Five Hundred Thousand Naira) to the applicant as compensation for his right to life and right to have an independent judicial arm of government which were violated and also cost of N 20, 000.00 (Twenty Thousand Naira) for out of pocket expenses in favour of the applicant.
Source : Leadership Newspaper
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