Maduako Igbokwe l Wednesday, June 29, 2022
ONITSHA, Anambra, Nigeria – An Anambra state High Court sitting in Atani, Onitsha Local Government presided over by Justice Alexious Okuma will on 21st September determines whether the state government, Anambra State Market Amalgamated Traders Association (ASMATA) and others can exclude none indigenes from contesting for chairmanship position of markets in the state.
In a fundamental rights application brought by one, Mr. Onu Lawrence against Incorporated Trustees of Electronic Dealers Association , Onitsha ,Incorporated Trustees of Anambra State Amalgamated Traders Association ASAMATA , the Attorney-General of the State, others to court, Onu is praying for the court to grant an order that the respondents cannot exclude him from contesting for the chairman of Electronic Dealers Association, Onitsha.
Justice Okuma after hearing arguments from all the parties and their final adoption process slated 21st September for the ruling.
Mr.Onu Lawrence had through his lawyer , Barr. Emmanuel Ezemanari sued for the enforcement of his fundamental human rights as a citizen of Nigeria to contest for the position of chairman in the state markets .
Onu is praying the court to determine whether it is right to deny him the right to contest for the position of a chairman simply because he is not from Anambra state. He is also praying the court to determine whether the constitution of the market and that of Nigeria 1999 as amended allow such exclusion and denial as a Nigeria citizen .
Other reliefs sought include perpetual orders, restraining the respondents and their agents from interfering in the affairs and management of the markets, especially in the election of executives.
He is also praying the court to grant an order that since the market being a private establishment, state government, ASAMATA or other person or persons cannot decide who manages the market.
He is also praying for the court to grant order that all elections in the market shall be conducted according to the constitution of electronic dealers association . He further seeks for award of N5 million as damages among others prayers.
Speaking to journalists after adjournment , the applicant lawyer Barr. Emmanuel Ezemanari said he is expecting favourable judgment for his client because the Constitution of the country does not envisage such exclusion.
According to him, by section 42 of Nigeria constitution, such exclusion is not allowed, because it violates his client fundamental rights as a citizen of Nigeria .
He said they are simply in the court for the honourable court to determine if the state government, ASAMATA , association of electronic dealers association Onitsha and others can actually stop one from his fundamental human rights of contesting for a position of his choice in a market, simply he is not an indigene of Anambra state.
According to him, the market was built under the leadership of an Imo state man from Akokwa and he was chairman for years and after him another lmo State man was chairman for years.
“The second respondent who is the current chairman of the market has been repeating this exclusion, whenever they want to conduct election in the market , that those who are not from Anambra are excluded from contesting for chairmanship position .
Members of the market contributed money to build the market. The man that constructed the market is from Imo State and was chairman for years and another from Imo state was chairman for years .
“When the present chairman came in , he started playing games, excluding none indigenes, saying that Anambra state government and ASAMATA have passed a resolution that non-indigene cannot head any market in Anambra.
“The market was individual efforts and government never contributed anything to its building. They do not have the right to decide the leadership.
“The incumbent chairman said non-indigene cannot contest and we want the court to decide and interpret the Constitution of the market and that of federal republic if Nigeria ” he said
