By Davies Iheamnachor
PORT HARCOURT—Chairman of Peoples Democratic Party, PDP, in Rivers State, Mr. Felix Obuah, has appealed the ruling of Rivers State High Court sitting in Port Harcourt, which dismissed his fundamental rights suit against arrest by the Police before the Court of Appeal sitting in Port Harcourt.
The lower court, last week, dismissed a suit by Obuah, in which he had asked the court to stop the Police from inviting him for questioning over the killing in Ogba/Egbema/Ndoni Local Government Area of the state during the 2015 elections, following a petition by chiefs of All Progressives Congress, APC.
However, the trial judge had dismissed the application on the ground that it was premature to run to court when he (applicant) has not been arrested or detained.
The applicant, dissatisfied with the decision of the lower court, appealed same, praying the appellate court to set aside the ruling of the lower court.
Respondents are the state Commissioner of Police, Inspector General of Police and Sa’ad Yahaya.
In the appeal, Obuah is contending, among others, that “the lower court erred in law when it declared that it will be wrongful for the respondents to arrest and detain the appellant upon answering to the letter of invitation/petition alleging the commission of crime against him in the light of the undertaking on oath by the respondents, but failed to declare the said letter as constituting a gross violation of the appellant’s fundamental rights vide Section 34, 35, 37, 39, 40, 41 and 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).”