Judiciary
By Anthony isibor
OMOYELE Sowore, founder of Sahara Reporters, an online news agency, has sued the Nigeria Police Force, the Inspector General of Police, the commissioner of police Abuja and Ned Nwoko for the infringement on his fundamental human rights.
The case brought before the Federal High Court of Nigeria, Abuja against the Nigeria Police Force, first respondent, the Inspector General of Police, Second respondent, the Commissioner of Police FCT Abuja, third respondent, and Ned Munir Nwoko, fourth respondent for the enforcement of his rights to personal liberty and freedom of movement as guaranteed under sections 35(1)and 41(1) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and article 6 of the African Charter on Human and Peoples’ Rights (ratification and enforcement) act cap A9 lfn 2004.
In the matter of an application, Sowore seeks a court order to direct the 1st, 2nd, 3rd and 4th Respondents jointly and severally, to pay to him, the sum of ₦200,000,000, Two hundred million naira, as general and exemplary damages for the violation of the Applicant’s fundamental rights.
He also called on the Court to mandate the 1st, 2nd, 3rd and 4th Respondents to issue an apology to him to be published in two reputable national daily newspapers for the violation of the his fundamental rights, as well as a perpetual injunction restraining the Respondents by themselves or their officers or their privies or their agents or anyone acting for them or on their instruction or authorization, in relation to this matter, from further interfering with or violating the Applicant’s fundamental rights, and for such further order(s) as the court may deem fit to make in the circumstance.
The grounds upon which the reliefs are sought include:
i. The rights sought to be enforced are subject of constitutional protection by virtue of Sections 34, 35(1) and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and Articles 4, 5 and 6 of the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act, Cap A9, LFN 2004.
II. By the provision of Section 46(1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), and Order 2 Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, any person who alleges that any of his rights as guaranteed under Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) is or likely to be contravened in any State by any person or authority may apply to a High Court in that State for redress.
Sowore also prayed the court to:
· Declare as illegal and unconstitutional his arrest on 24th February, 2022, within the precincts of the Court of Appeal, Abuja, by officers of the 1st Respondent, acting under the instructions and authorization of the 2nd and 3rd Respondents respectively, over publications allegedly made by Sahara Reporters, a legal entity, separate and distinct from the Applicant, amounts to a breach of the Applicant’s right to personal liberty and freedom of movement as guaranteed under Sections 35(1) and 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and Articles 6 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement)Act, Cap A9, LFN 2004.
· Declare that his detention on the 24th day of February, 2022, from the hour of 4pm in the afternoon to around 9pm in the night, by officers of the 1st Respondent, acting under the instructions and authorization of the 2nd and 3rd Respondents respectively, over publications allegedly made by Sahara Reporters, a legal entity, separate and distinct from the Applicant, amounts to a breach of the Applicant’s right to personal liberty and freedom of movement as guaranteed under Sections 35(1) and 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and Articles 6 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement)Act, Cap A9, LFN 2004 and as such illegal and unconstitutional.
According to the originating order of notice signed by Tope Temokun, Pelumi Olajengbesi, Marshal Abubakar, Inibehe Effiong, Peter Asimegbe, Samuel Ihensekien, Olukoya Ogungbeje, Timi Odunwo, B.C Obilor, M.J Benson, F.I Dennis, N.T Ali, People’s Advocates Applicant’s Counsel, and Dated 28th of February 2022.
“The 1st respondent is the Nigeria Police Force and the statutory body which exercises statutory control and command over the 2nd and 3rd respondents.
“The 2nd respondent is the head of the 1st Respondent who exercises full statutory and administrative command over the 1st Respondent’s commands across the 36 states of Nigeria and the FCT Abuja.
“The 3rd respondent is the head of the Federal Capital Territory (FCT) Police command, who exercises statutory and administrative control over the Police command in the FCT Abuja and under whose direct instruction and authority the applicant, was arrested.
“The 4th Respondent is a Nigerian politician and acclaimed billionaire.
“That a horde of police officers of the 1st Respondent laid siege at the entrance of the Court of Appeal Abuja on the 24th day of February, 2022 while I was attending a court session and on stepping out of the Court, around 4pm of the day, I was arrested by these policemen on the order of the 3rd Respondent.
“That at the time I was arrested by officers of the 1st Respondent, no reason was given for my arrest and I was eventually taken to the defunct SARS unit of the 1st Respondent, Abuja, popularly called “Abattoir” where I was eventually detained.
“That it was while I was in the police custody that I was presented with a petition by officers of the 1st Respondent which was written by the 4th Respondent to the 3rd Respondent against me alleging publications of news defaming his character.
“That after keeping me for several hours without any justification whatsoever, from hour of 4pm to the hour of 9pm in the night, officers of the 1st Respondent eventually asked me to go home.
“That I knew all along that I did not at any time breach any known law or commit any crime to justify my arrest and eventual detention by officers of the 1st Respondent.
“That meanwhile the 4th Respondent had earlier caused a letter to be written by his solicitors to Sahara Reporters Media Foundation, demanding for the retraction of the publications 4th Respondent alleged were libelous publications against him. A copy of the 4th Respondent’s letter dated the 20th day of December, 2021 is hereby attached and marked Exhibit “SO 1”
“That I am the founder of the online news medium, Sahara Reporters, a legal entity distinct from me and having it headquarters in New York, USA, while I am now resident in Nigeria.
“That I do not in any way determine the stories that are published on the Sahara Reporters platform.
“That since my arrest in 2019 by the Government of Nigeria, I have been barred from leaving the shores of Nigeria and confined to the Federal Capital Territory, Abuja and as a result I do not currently see to the day to day running of Sahara Reporters, resident in New York, USA.
“That the 3rd Respondent through his Solicitors in the Letter addressed to Sahara Reporters Media Foundation, intimated Sahara Reporters Media Foundation that the letter was to serve as a pre-action notice, thereby setting the machinery of the civil action in motion.
“That instead of diligently pursuing his grouse against Sahara Reporters, in civil court as activated already, the 4th Respondent chose to employ subterfuge by engaging officers of the 1st Respondent to lay siege on the Court of Appeal Abuja for hours just to arrest me.
“ That the 4th Respondent in the recent days has adopted this same method of enlisting the officers of the 1st Respondent to settle scores with perceived even on matters that are civil in nature, as he did recently when he used the police to arrest one Hauwa Saidu Mohammed, otherwise known as Jaruma, on the same allegation of defamation, who was arrested on the 21st of January 2022 and have her detained for 3 days before being charged to the Upper Area Court, Abuja, just for inter-personal social media issues between the said Hauwa Saidu Mohammed and the 4th Respondent’s wife.
“That it will be in the interest of justice to grant the reliefs as contained on the face of this Application.”
– March 02, 2022 @ 10:55 GMT |
A.I
Tags: Ned Munir Nwoko Omoyele Sowore Sahara Reporters
