The Rivers State High Court in Port Harcourt has struck out a case brought by the Haven360 Community Impact Initiative on behalf of Gospel Kinanee, over claims that he spent 18 years in detention without being tried.
Justice Okogbule Gbasam, who presided over the matter, dismissed the suit on Friday, holding that the applicant did not present adequate evidence to support the allegations against the relevant authorities.
In his ruling, the judge said the applicant failed to establish the circumstances surrounding Kinanee’s alleged arrest, including the date of the incident and the identity of those responsible. He added that no evidence linked Kinanee to the person reportedly held in custody and later freed by the Chief Judge.
Justice Gbasam explained that the court’s findings revealed a discrepancy in the identities involved, noting that the individual released by the Chief Judge in July was identified as Sunday Barine, rather than Gospel Kinanee.
Following the ruling, Haven360 Foundation President, Cyrus Cyrus Onu, said the organisation would obtain the certified true copy of the judgment to understand the court’s reasoning before advising the applicant on possible legal steps.
“The court has done its job. We will apply for the CTC of the judgment. We will review it and advise the applicant,” Onu said.
He clarified that any decision to appeal would be taken after examining the judgment and consulting with the applicant.
On his part, Chimenem Mbadiwe, Principal State Counsel at the Federal Ministry of Justice, expressed satisfaction with the outcome, arguing that the applicant had not established a violation of his fundamental rights.
“My Lord has done a very good job. The applicant had failed to prove his case that he was abused in any way,” Mbadiwe said.
He maintained that the conflicting identities presented in the case supported the court’s decision to dismiss the suit.
Paul Kinanee, brother of Gospel Kinanee, said the family would examine the judgment before deciding whether to pursue an appeal.
