- LAGOS STATE GOVT, FEDERAL GOVT OF NIGERIA,NATIONAL JUDICIAL COUNSEL,
SUIT NO: ID/308/2006
NNENNA NWOKE KALU v. CHINYERE IDIKA AGWU KALU
1. Thirteen (13) years in a marital dissolution matter, where no party is raised objection, is enormous and I believe unprecedented, knit with fraud, corruption, manipulation, violation of court rules and process, secret trials, intimidation, lies, threats and all abuse of fundamental human rights – woman and child rights. Within this period the defendant has long remarried and raised another family.
2. I am Nnenna Nwoke Kalu, petitioner in the above matter. I was married to the defendant according to customs, Statutory and church ordinances (1992) in Lagos and the union is blessed with a son (1993), who he abandoned at three months. Before two years into the marriage, Mr. Kalu instituted a divorce in Port Harcourt Rivers State and subsequently remarried and started another family with no provision at all for us – mother and son. The case file, after a few hearings where I was the defendant, could not be located, causing my lawyer to institute another case in Lagos which then made me the substantive petitioner (2006). Before 2006 to date, Mr. Kalu has not contributed in any way to our welfare and upkeep in spite of numerous appeals to that effect.
3. The defendant was gainfully employed as an Engineer Ashland Oil and a very senior officer of an American oil company in Nigeria then Addax petroleum; the brother of a former Minister of Finance in Federal Cabinet of Nigeria whose name and person reverberated in court (in a country where unfortunately Social Position and Money are yet to be separated from justice); chose as his lawyer the husband of a current Justice in Lagos State judiciary. These factors played a very crucial role in derailing the judicial process and landing us in; a vicious trap of unending litigation.
4. The Nigerian legal system is meant to provide speedy and qualitative access to justice for her citizens. The Nigerian Constitution in Chapter 4 provides for fundamental human rights protection and promotion for her citizens, a violation of which, redress can be sought in court. However, this is not the case in my situation as I have explored different aspects of the justice system to seek redress for the injustice done to me and my son, to no avail; worst still the problem continues in a heinous way.
Meanwhile, a case of Child abuse, negligence, Bigamy, and Perjury was reported to the police. In response, Mr. Kalu who claimed violation of his fundamental human rights filed a suit in Port Harcourt against:
i. The Inspector-General of Police,
ii. Commissioner of Police, Legal;
iii. Commissioner of Police Rivers state;
iv. Commissioner of Police Lagos State; and my humble self
v. Nnenna Nwoke Kalu.
The matter which took 4years, (while the welfare of the child waited as if it’s a piece of furniture)was decided by Justice S. A. Aliu on the 22nd April 2013 found Mr. Kalu guilty of the criminal charges as. To date, six years after, the NPF is yet to charge the matter to court, in respect to the order of the court.
1. The matter since then has dragged in court with the bills of self and the child on me. An attempt to have an emergency respite from Mr. Kalu; with the concession of the trial judge was thwarted at the last moment as remittance was never effected. My son was forced out of school in his final year of study.
2. After this, I requested for a change of Judge. In spite of several reminders, I was not communicated until after 2years. From then on till date, I was locked out of my matter. Even when in between I found out I wrote to withdraw the case without prejudice. Surprisingly, to date, the case is still going on in the court of yet another judge. So, since 2015 I have been kept in the dark about my matter.
The grounds on which I ask for a re-trial include:
i. Violation of all known Human Rights:
(a). the right to be tried within a reasonable time (b). by an impartial court or tribunal;
ii. Gross violation of court process;
iii. Absence of Transparency;
iv. Denial of fairness and equality before the law:
v. Intimidation, threats, and lies;
vi. Secrete Trials;
vii. Continuing a case two years after it has been withdrawn without prejudice.
viii. Violation of Child Rights - witnessed a lot of abuse and molestation, particularly abuse of Articles 3,6,9,10,19,24,28;
ix. Refusal to obey court order of a Lagos High Court Judge on the remittance of the balance of school fees of the child in UK University forcing my child out of school in his final year.
Judiciary is a very important and delicate arm of the government. As concluded cases set precedents and guide future rulings, mistakes of the judiciary are perpetuated which ultimately shapes the society. We must consider what legacy we leave for the future of women and children and the society at large.
I believe retrying and charging the criminal cases respectively present greater chances of correcting the wrongs of the past and setting the right record for the future. The contrary will leave a wrong legacy that will negate ALL positive efforts so far, impact and advancement on human, women and child rights globally.
The law certainly is not fair on the law-abiding citizens who most times are women. While paying homage to the Federation of Women Lawyers, (FIDA) for their active support, I believe Women worldwide must rise and speak. The undue delay and the attendant cost in time, money and energy and all the intimidations, threats and lies are meant to discourage women from pursuing their rights. Although my son, the primary recipient of the judgment has been victimized, brutalized and abused and bruised, the next Nigerian child and woman should not. I desire that wherever this case is cited, a woman of right standing receives justice; justice that translates to children’s welfare.
• Women’s Right is Human Right.
• Justice for one Woman is justice for all.
Your endorsement is part of an urgent global action for the restoration of Human Rights; - Women and Child Right. I call on all men and women of good conscience globally, particularly the first lady and Ministry of Women Affairs, Federation of Women Lawyers (FIDA), NASS, International and National Foundations and NGOs To support call for:
I. RE-TRIAL THE MATTER in line with the Constitution of the land, UN Declaration and other Human Rights Charters &
II. COMPELLING NIGERIA POLICE TO COMPLY WITH 2013 COURT ORDER AND CHARGE THE MATTER TO COURT.
The URGENT GLOBAL ACTION: JUSTICE, HUMAN RIGHTS FOR WOMEN AND CHILDREN. petition to LAGOS STATE GOVT, FEDERAL GOVT OF NIGERIA,NATIONAL JUDICIAL COUNSEL, was written by NNENNA NWOKE and is in the category Human Rights at GoPetition.