Chinedum Treasure
An Nnewi-based businessman, Mr. Ejike Mbamalu, proprietor of Nnewi Auto Spare Parts, has approached the Federal High Court, Court 2, sitting in Awka, seeking protection over what he described as repeated harassment and alleged infringement of his fundamental rights.
In the suit, Mr. Mbamalu listed Mr. Chikwado Ejimbe as the first respondent, also known as Chinovas. alongside Mr. Ernest Mgbonye, Mr. Ignatius Izuchukwu Okwudoro, Police Inspector Anselm Igbarago, Sgt. Gabriel Unagy, the Anambra State Commissioner of Police, the Inspector-General of Police and the Nigeria Police Force.
Counsel to the applicant, T.S Arugbuonye of T.S Arugbuonye & Associates, stated in a seven-point application that his client’s constitutional rights had been repeatedly violated.
According to the application, Mr. Mbamalu had allegedly been arrested on several occasions following complaints made by the first respondent, with the involvement of some of the other respondents.
The lawyer further stated that his client had previously been discharged in a criminal case involving allegations of conspiracy, burglary and stealing, which, according to him, was instituted by the first respondent.
He added that the court had earlier ordered the release of goods impounded from the applicant, an order which was subsequently complied with by the relevant authorities.
However, Arugbuonye alleged that many of the recovered goods had been damaged during the period they remained in custody, resulting in substantial financial losses for his client.
According to him, despite the earlier court judgment, the first respondent allegedly continued to instigate the police to arrest his client and seal his business premises while disregarding existing court orders.
He further alleged that the first respondent had threatened to force Mr. Mbamalu out of Nnewi in order to operate his business without competition, an action he argued violates the constitutional right to freedom of movement and residence.
“Chikwado Ejimbe also known as Chinovas as the 1st respondent to be a very wealthy man who have boasted to have the police at his beck and call, voicing to deal with the applicant in all manners as he continue to torment the applicant setting the law maliciously in motion against the applicant through the Police and Market Executives who are second and third respondent respectively.
Arugbuonye stated that both parties operate businesses at the New Auto Spare Parts Market, Nkwo Nnewi, and alleged that the dispute had adversely affected his client’s business operations.
“The continuous infringement of the applicant’s rights at the instance of the first respondent has become alarming. That is why we have approached the Federal High Court to protect the applicant from what we consider intimidation and harassment,” he said.
The lawyer noted that after his client secured victory in a matter before the Nnewi Magistrate Court in Suit No. NMC/231C/2019, the alleged acts of intimidation did not cease.
He said the applicant is asking the Federal High Court to declare that the actions of the respondents constitute a violation of his fundamental rights and have negatively affected his business.
Among the reliefs sought, the applicant is requesting an order of perpetual injunction restraining the respondents from further harassment or intimidation.
Mr. Mbamalu is also seeking ₦1 billion as damages for the alleged losses suffered, as well as ₦5 million as the cost of litigation.
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