Supreme Court Urged To Dismiss Appeal Challenging Constitutionality Of Delta State Anti-Kidnapping Law 2013

By Onoriode Etatsemi

The Supreme Court of Nigeria has been urged to dismiss an appeal challenging the constitutionality of the Delta State Anti-Kidnapping and Anti-Terrorism Law 2013, in an appeal which came up for hearing at the apex court on Tuesday, 8th March 2022.

The Appellant, a legal practitioner, Mr. Olakunle Ogheneovo Edun had earlier filed a suit at the High Court of Justice of Delta State, claiming that Sections 11(1) and 16(3) of the Delta State Anti-Kidnapping and Anti-Terrorism Law 2013 was in conflict with the provisions of Sections 35, 36 and 42 of the Constitution of the Federal Republic of Nigeria and therefore null and void.

He prayed for the two sections to be struck down on the ground of inconsistency as the learned trial Judge heard the matter and dismissed the suit.

Dissatisfied with the Judgment of the High Court, the Appellant appealed to the Court of Appeal Benin where the Court of Appeal also dismissed the Appeal and affirmed the judgment of the High Court.

The Appellant further appealed to the Supreme Court.

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The functioning Solicitor-General and Permanent Secretary in the Delta State Ministry of Justice, Mr Omamuzo Erebe, led Messrs Charles Agbagwu, Jonah Otite and Ogochukwu Okolotu, in defence of the State at the hearing of the Appeal.

The Solicitor-General submitted that the Appellant lacked the requisite locus standi to challenge the Delta State Anti-Kidnapping and Anti-Terrorism Law 2013 arguing that he (appellant ) was unable to show that his civil rights and obligations have been infringed upon by the Law.

He described the appeal as frivolous and prayed the apex court to dismiss it with punitive cost and affirm the Judgment of the Court of Appeal.

The matter was adjourned to 6th June, 2022 for Judgment.