The Court of Appeal holden at Asaba, yesterday, delivered a landmark judgment in Appeal No.CA/B/276/2019: Federal Road Safety Commission v. Darlington UgoEhikim Esq.
The appeal was challenging a decision of the Federal High Court, Warri delivered by Hon. Justice E. Nwiteon the 25th day of January, 2019.
Mr. Darlington Ugo Ehikim is a legal practitioner and a member of the NBA Warri branch.
He was on his way to Court driving his car along Ajamimogha Road by Herismor House, Warri, Delta State when personnel of the FRSC harassed and obstructed his movement by flagging him down to check his vehicle particulars on the road in the morning of the 15th June, 2017.
Ajamimogha road is not a federal trunk road but a municipal road belonging to the Delta State Government.
If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.”
A democratic society is governed by laws, and not by impunity or fiat of the executive or legislative arm of government.
The Supreme Court in the case of A.G. Abia v A.G.Fed(2002) 6 NWLR (Pt.763) 264 held (per Kutiji, JSC) re-emphasized the superiority of the Constitution when it held that “The Constitution is the mirror upon which our actions or the actions of the National Assembly or any other public institution must be assessed.
All actions must reflect the Constitution or else they will be considered as nullity.
That being the case, we have to look and see if the said Constitution has made provisions on a particular subject-matter then, no other body can enlarge, alter and curtail the, provisions of the Constitution.
Read the full story on: Nigerian Tribune
See also: Court orders closure of police case in suit against APGA National Chairman
Meanwhile, a High Court of the Federal Capital Territory sitting in Bwari has abruptly closed a case filed by the Nigerian Police against the National Chairman, All Progressives Grand Alliance (APGA), Chief Edozie Njoku, and another over alleged conspiracy to alter a judgment of the Supreme Court delivered by retired Justice Mary Peter Odili.
Justice Mohammed Madugu, who gave the order due to failure of police prosector, Rinasomte Ezekiel, to produce other witnesses in court, directed Njoku and Chukwuemeka Nwoga, the defendants in the charge, to open their case.
Justice Madugu observed that the defendants were charged to court on Nov. 22, 2022 by the police.