Thursday 7 November 2013

UNLAWFUL ARREAST,FALSE IMPRISONMENT AND BREACH OF FUNDAMENTAL HUMAN RIGHT


The story of the Enugu state Governor, south East Nigeria, Mr. Sullivan Chime unlawfully putting his wife, the first lady of the state Mrs. Clara Chime under house arrest is contrary to the provision of Section 35 of chapter IV of the 199 constitution of the federal republic of Nigeria which provides thus: 

‘Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty’ 

The sitting governor of Enugu State Mr. Chime despite being a trained lawyer and knowing what the law says has contravened the provision of the law.
 Right to personal liberty is a fundamental human right of every citizen of Nigeria so what right has he to deprive the first lady of the privilege granted under our constitution.

The move towards the enforcement of Mrs. Clara’s fundamental human right against the governor by my learned college Mr. Femi Falana SAN is in accordance with the provision of law as a private person you have a right under the law to institute proceeding on behalf of anybody where you feel no one is taking up the responsibility. This was decided in the famous case between Gani Fawehinmi V. Akilu where a private person successfully obtains an order of mandamus compelling the Attorney general to endorse and certify private information.

The governor has infringed on the innocent woman’s right to freedom which is false imprisonment. False imprisonment is the unlawful restraint of a person against her will by someone without legal authority. This is tortuous liability against another person and where any person intentionally restrict another’s freedom of movement without her consent may be liable for false imprisonment which is both a crime and civil wrong.

Also, this is a clear case of domestic violence against the woman, which is not only directed to her because domestic violence threatens social and family stability.
I hereby urge all civil right groups to come out and speak for the voiceless because in this case the first lady of Enugu state Mrs. Clara is voiceless and if we do not stand up for her ,who will?

To my learned colleague and his Excellency Governor Sullivan Chime, you have a name and image to protect, I hereby urge you to allow an independent body i.e. Nigeria Medical Organization to tell well meaning Nigerians the mental state or whatever the case may be of the first lady to either corroborate or dismiss your claim, so that this minor issue will not drag your good Name in the mud. It is also important to let you know that the government house is not a registered hospital and she cannot get the necessary medical attention required if at all your claims are right.

Much obliged.

Oyenike Alliyu-Adebiyi Llb(hons)Bl

7 comments:

  1. Whaoh, love ur blog as I look forward to reading it on daily basis. Thank u for we women are pround of u. Ur blog is so educative

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  2. www.oyenikealliyu-adebiyi.blogspot.com8 November 2013 at 01:59

    Thanks African pride,God bless you

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  3. Waoo dis is nyce

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  4. www.oyenikealliyu-adebiyi.blogspot.com8 November 2013 at 09:33

    Anonymous 05:58 Thanks

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  5. classical Lawyer8 November 2013 at 22:03

    That is simply an infringement n gross professional misconduct .I wish the Cause of action arose in a state where a 3rd party can institute a case against the said governor raising the claim of Domestic violence .To determine or tell the mental state of a presumable insane being , the aid of a forensic expert should be accorded .

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  6. Very interesting and educative blog. It is very important for us as citizens to know our rights so that we can protect it and also not infringe on others. Proud of you learned colleague

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