13th March, 2024
By Edith Nwapi/NAN
Justice Yusuf Halilu of the Federal Capital Territory (FCT) High Court in Abuja, on Wednesday imposed a fine of N2 million against Mr. Cecil Osakwe, a property developer over abuse of judicial processes.
Delivering judgment in an enforcement of fundamental rights suit filed by Osakwe, Justice Halilu held that this suit was the same as the one decided by Justice Muhammad Idris of another FCT High Court, Jabi on June 29, 2022 with suit no: CT/HC/CV/286/2022.
Osakwe had filed a suit on enforcement of his fundamental rights against Ms Asabe Waziri, Inspector General of Police and two others.
Others are Deputy Inspector General of Police (DIG), Force Criminal Intelligence and Investigation Department (FCIID) and Assistant Commissioner of Police, Special Enquiry Bureau (SEB).
Justice Halilu said: “My brother judge struck out the previous fundamental rights suit filed by Osakwe based on the reason that the suit was incompetent”.
Halilu, however, declined to assume jurisdiction over the matter, adding that it would amount to an abuse of judicial processes.
“Abuse of court processes will arise when there is an undue act by the opponent to have advantage over the other. It is when the processes of the court are not used properly,” the judge, therefore, dismissed the suit.
The judge also warned lawyers not to engage in such practices.
Earlier, Waziri’s counsel, Mr Chimaobi Abengowe asked for a cost of N5 million against Osakwe.
Osakwe’s counsel, A.K. Musa, told the court that his client would concede to a lower cost.
Osakwe had sought various reliefs, including a perpetual injunction restraining the police, their officers, servants and agents from further inviting and threatening to arrest and detain him.
He further sought damages of N100 million against Waziri and N50 million against others.