The matter, presided over by Honourable Justice Kehinde Ogundare, was adjourned for judgment after counsel for the respective parties adopted their final written addresses and argued their positions.
The respondents in the suit are the Abia State Government, the Attorney-General of Abia State, the Nigeria Police Force, the Abia State Commissioner of Police, and a senior government official, Mrs Oluchi Franklin.
The action, commenced on June 13, 2025, by Umuahia-based human rights lawyer, Mr Dennisson Emeka Agu, was brought by way of an Originating Summons pursuant to Sections 34(1), 35(1) and (6), 39, and 46 of the 1999 Constitution (as amended); relevant provisions of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act; and the Fundamental Rights (Enforcement Procedure) Rules, 2009.
Ms Uwakwe alleges that on June 30, 2023, while undertaking investigative reporting at the Ministry of Women Affairs in Umuahia, she was unlawfully detained for over three hours, physically assaulted, verbally abused, and subjected to degrading treatment by Mrs Franklin, whom she claims acted under colour of official authority within government premises.
She contends that the alleged actions constitute violations of her constitutionally guaranteed rights to the dignity of the human person, personal liberty, and freedom of expression.
The journalist further alleges that when she sought to lodge a formal complaint at the Central Police Station, officers of the Nigeria Police Force demanded an unlawful monetary inducement as a precondition for processing her complaint. She argues that the alleged demand effectively denied her access to justice and equal protection of the law.
Consequently, she is seeking declaratory reliefs affirming that her fundamental rights were breached; injunctive orders compelling the Attorney-General, the Nigeria Police Force, and the Commissioner of Police to investigate the alleged infractions; ₦5 million in general and exemplary damages; a perpetual injunction restraining further harassment or intimidation; and a public apology to be published in two national newspapers.
Defence and Jurisdictional Objection
In opposition, Mrs Franklin, the Abia State Government, and the Attorney-General filed a 27-paragraph counter-affidavit deposed to by Mr Chinedu O. Ogwo of the Abia State Ministry of Justice.
The respondents denied the allegations in their entirety, characterising the suit as a “gold-digging exercise.” They contended that the applicant merely caused a disturbance within the Ministry premises and was asked to leave, insisting that she was neither detained nor assaulted.
They further challenged the authenticity and probative value of the medical report relied upon by the applicant and argued that the Court lacks jurisdiction to compel the Attorney-General or law enforcement agencies to undertake investigations in the manner sought.
In her Reply on Points of Law, Ms Uwakwe maintained that the respondents’ arguments were legally untenable and inconsistent with settled jurisprudence governing fundamental rights proceedings, which she described as sui generis and not to be defeated by undue technicality.
She argued that once credible affidavit evidence is placed before the Court, the evidential burden shifts to the respondents to justify their actions — a burden she maintains they failed to discharge.
She further contended that the Abia State Government is vicariously liable for the actions of Mrs Franklin, who allegedly acted within the scope of official authority on government premises.
At the hearing on February 18, 2026, Ms Uwakwe was represented by Mr Agu, who informed the Court that the Nigeria Police Force and the Commissioner of Police had been duly served with hearing notices in compliance with the Court’s earlier directive, with proof of service already filed.
Despite service, there was no legal representation for the Nigeria Police Force or the Commissioner of Police in court.
Counsel to the applicant adopted all processes filed on her behalf and urged the Court to grant the reliefs sought. In response, Mr Ogwo, representing the State Government, the Attorney-General, and Mrs Franklin, adopted their counter-affidavit and written address, urging the Court to dismiss the suit in its entirety.
After listening to submissions from both sides, Justice Ogundare reserved judgment to February 26, 2026.
The Court’s forthcoming decision is expected to clarify critical questions relating to state liability, police accountability, and the procedural scope of fundamental rights enforcement proceedings under Nigerian law.
