A Federal High Court sitting in Umuahia has fixed February 26, 2026, for judgment in the ₦5 million fundamental rights enforcement suit instituted by Abia-based journalist, Ms Charity Uwakwe, against 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 over alleged violations of her constitutional rights.
Honourable Justice Kehinde Ogundare reserved the matter for judgment after counsel for the respective parties adopted their processes and presented final arguments.
The suit, filed on June 13, 2025, by Umuahia-based human rights lawyer, Dennisson Emeka Agu, through an Originating Summons, is anchored on Sections 34(1), 35(1) and (6), 39, and 46 of the 1999 Constitution (as amended); Articles 4, 5 and 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act; and Order II Rules 1 to 3 of the Fundamental Rights (Enforcement Procedure) Rules, 2009.
In her substantive claims, Ms Uwakwe alleges that on June 30, 2023, while lawfully carrying out investigative reporting at the Ministry of Women Affairs, she was detained for over three hours, physically assaulted, verbally abused, and subjected to degrading treatment by Mrs Oluchi Franklin, whom she maintains acted under the authority and within the premises of the Abia State Government. She contends that these actions constitute violations of her rights to the dignity of the human person, personal liberty, and freedom of expression.
She further alleges that upon attempting to lodge a formal complaint at the Central Police Station, officers of the Nigeria Police Force demanded an unlawful monetary inducement before taking any steps on her complaint, thereby denying her access to justice and equal protection of the law.
Consequently, she sought declaratory relief affirming that her fundamental rights were breached, as well as injunctive orders compelling the Attorney-General, the Nigeria Police Force, and the Commissioner of Police to investigate the alleged violations. She also claims ₦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.
In opposition, Mrs Franklin, the Abia State Government, and the Attorney-General of the State filed a 27-paragraph counter-affidavit through Chinedu O. Ogwo, vehemently denying the allegations. They describe the suit as a “gold-digging exercise” and contend that Ms Uwakwe merely caused a disturbance within the Ministry premises and was asked to leave. They insist she was never detained and challenge the authenticity and probative value of the medical report relied upon. They also argue that the Court lacks jurisdiction to compel the Attorney-General or law enforcement agencies to conduct investigations in the manner sought.
In her Reply on Points of Law, Ms Uwakwe maintains that the Respondents’ position is legally untenable and contrary to settled jurisprudence governing fundamental rights proceedings, which are sui generis and must be approached without undue technicality. She argues that once credible affidavit evidence is placed before the Court, the evidential burden shifts to the Respondents to justify their actions, a burden she says they have failed to discharge. She further contends that the Abia State Government is vicariously liable for the actions of Mrs Franklin, who allegedly acted under the colour of official authority within government premises.
At the proceedings on February 18, 2026, before Honourable Justice Kehinde Ogundare, Ms Charity Uwakwe was represented by her counsel, Mr Dennisson Emeka Agu. Meanwhile, the respondents, Mrs Oluchi Franklin, the Abia State Government, and the Attorney-General of the State were represented by Mr Chinedu O. Ogwo of the Abia State Ministry of Justice. There was no representation for the Nigeria Police Force or the Abia State Commissioner of Police, who were absent from the Court.
Mr Agu informed the Court that the suit is scheduled for hearing and confirmed that, pursuant to the Court’s directive at the previous adjourned date, the Nigeria Police Force and the Commissioner of Police had been duly served with the hearing notice, with proof of service filed in the Court records. He indicated that he was ready to proceed with the matter, subject to the convenience of the Court.
Thereafter, Mr Agu formally adopted all processes filed on behalf of the Applicant 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 hearing the submissions from counsel for both parties, Justice Ogundare reserved judgment until February 26, 2026, bringing the matter to a close pending the Court’s final determination.
