COURT VOIDS NHRC REPORT INDICTING OSUNBOR FOR ELECTORAL OFFENCES

Tribunal in line with Section 5 of the Act.

Justice Ojukwu said that was not so, adding that even where a trial Court finds a person guilty of culpable homicide, based on facts and law, the same law also gives him an opportunity to be heard on appeal, until he exhausts all the strappings of the law.

According to the Judge, while the Court was not by any means attempting to strip the defendant of its powers under Section 5 and 6 of the National Human Rights Commission Act, the Court was merely but firmly, stating that the exercise of such powers must be within the precinct of the law.

“It is paradox that the National Human Rights Commission, known and established to deal with all matters relating to the promotion and protection of human rights as guaranteed by the Constitution of the Federal Republic of Nigeria and Universal Declaration on Human Rights, would be found wanting in this instance. It goes against the grain and norm.

“The right to fair hearing is not negotiable in this instance, the right is very essential for a person to secure justice. Where a person alleging breach of fair hearing establishes it, it follows that the breach will vitiate such proceedings, rendering it null and void.

“Premised on the on-going, it is safe to say that the defendant is bound to follow the provisions of Section 36 of the Constitution of the Federal Republic of Nigeria 1999, in the exercise of their statutory powers”, the court held.

Justice Ojukwu declared the Report in contention null and void, having failed to follow due process and the principles of natural justice in arriving at it.

The Judge also awarded the sum of N500,000 to the plaintiff, as general damages for the breach of his fundamental right.