Dr. Nwambuisi Elelenta Elele has appealed to the Court of Appeal, Owerri Judicial Division, against the judgment of the Federal High Court, Umuahia, which dismissed his fundamental rights enforcement suit arising from a poultry farm dispute in Abia State and awarded ₦1 million cost against him.
The Notice of Appeal, dated June 19, 2026, was filed against the decision delivered the same day by Justice Kehinde O. Ogundare in Suit No. FHC/UM/CS/22/2026.
The respondents in the appeal are Chief Magistrate Julieth Res-Chikezie, Kingsley A. Ishmael, Esq., Cyril Ishmael, and the Commissioner of Police.
Elele, who is dissatisfied with the entire judgment, is asking the appellate court to set aside the decision in its totality.
The Federal High Court had dismissed his fundamental rights application after holding that he failed to establish any violation of his rights and that the suit amounted to an abuse of court process aimed at frustrating an ongoing criminal prosecution.
The court also awarded ₦1 million cost against him.
In the appeal, Elele raised four grounds, all framed as errors in law.
In the first ground, he argued that the trial judge wrongly held that he failed to prove his case by credible evidence, despite his claim that the respondents did not controvert the facts contained in his supporting affidavit and did not respond to the issues raised in his written address.
He maintained that the unchallenged facts before the court established the breach, threatened breach and likely breach of his fundamental rights, and that the court ought to have treated those facts as admitted.
In the second ground, the appellant contended that the trial court breached his right to fair hearing by describing his case as speculative, a ploy to frustrate criminal trial, and an abuse of court process.
He argued that under Section 46(1) of the 1999 Constitution, a person whose fundamental rights are likely to be breached does not need to wait until the actual violation occurs before approaching the court.
He also relied on the Court of Appeal decision in Chijuka v. Maduewesi, which he said recognised prospective violations or threats to fundamental rights.
In the third ground, Elele faulted the finding of the trial court that his application was intended to frustrate the criminal proceedings against him.
He argued that under Order 10 of the Fundamental Rights Enforcement Procedure Rules, an application to quash a charge can be made in fundamental rights proceedings.
According to him, he had complained before the trial court that the charge for which he was being prosecuted was never served on him and that arraignment notices were allegedly served by substituted means without an order of court, contrary to the Administration of Criminal Justice Law of Abia State and Section 36(1) of the Constitution.
He further alleged that he was being prosecuted by Kingsley Ishmael, whom he described as the younger brother of the nominal complainant, Cyril Ishmael, and an officer in the Ministry of Justice, Umuahia, a situation he argued offended the principles of natural justice and fair trial.
In the fourth ground, the appellant argued that the trial judge erred by dismissing his case and awarding ₦1 million cost against him without considering the entire case before the court.
He stated that he had filed a motion challenging the competence of a further counter-affidavit filed by some of the respondents, and that although the motion was not opposed, the trial court failed to rule on it.
Elele claimed that the further counter-affidavit influenced the dismissal of his case and the award of cost against him.
He is therefore asking the Court of Appeal to allow the appeal, set aside the June 19 judgment, invoke its powers under Section 15 of the Court of Appeal Act to determine the matter on its merits, and grant all the reliefs he sought in his fundamental rights application filed on March 20, 2026.