An Abia State High Court, sitting in Aba judicial division has ordered one Chibueze Ezike to return 28 rolls of fabrics seized from the shop of an applicant, Chinedu Ezeagu, during a raid of his shop at Aba.
During the said raid which took place at Ariaria International market in February 2020, Chibueze Ezike was allegedly arrested illegally by Policemen sent by the respondent.
The court also ordered that Ezike should in addition pay the sum of two million naira (N2,000,000.) to Ezeagu for infringing on his fundamental human rights through such raid and arrest.
The order was issued by His Lordship, Hon. Justice Innocent A. Nwabughogu in a suit No. A/M63/2020, between Chinedu Ezeagu (Applicant) and Chibueze Ezike (Ist respondent), with AIG, Zone 9 and one supol Johnson, as 2nd and 3rd respondents.
The judge said that the alleged arrest and detention of Ezeagu at Zone 9 at the behest of Ezike over a trade mark dispute was unconstitutional, unlawful, illegal and oppressive.
He thereby ordered that Ezike pay Ezeagu the sum of two million naira in addition to returning 28 rolls of “Isi Agu” fabrics carted away from his shop at Ariaria international market , Aba during the raid.
He said that the measure taken by Ezike amounted to an infringement on Ezeagu’s fundamental human rights, and so ordered that the damages be paid the applicant.
Ezike, the MD/CEO of Work and Chop Multi Ventures Nig. Ltd, the Court heard, led security men and thugs to raid the shop of Ezeagu, P. S. Ezeagu and Sons Resources, and allegedly carted away 28 rolls of fabric materials.
The court also heard that Ezeagu , was arrested on the process and detained at zone 9 police cell for three days, during which he was told that he Ezeagu infringed on the trade mark of Ezike by importing fabrics from China.
The fabrics that were imported were what the Ibos call “Isi Agu” fabrics, used for the sowing of traditional Ezeship or chieftaincy wears.
In his judgment, Justice Nwabughogu said that Ezike did not deny petitioning the police against Ezeagu for criminal infringement of his registered trademarks.
According to the judge, Ezike also alleged that Ezeagu infringed on his trade mark “Feni Original” for a fabric he imported with the trade mark name of “PS Feni Authentic”.
In his defense according to the judge, Ezike denied going to Ariaria market on the day of the arrest, but admitted going to Zone 9 the next day where he saw Ezeagu being detained in police custody.
In his judgment, Nwabughogu ordered that Ezike should pay the sum of N2,000000 for infringing on the fundamental human right of Ezeagu in addition to returning 28 rolls of his fabric materials carted away by the police during the raid, and his subsequent arrest in February 2020.