Honourable justice Anenih of the high court of the Federal Capital Territory FCT, Abuja ,on the 6th of July 2020,ordered the Department of State security Services (DSS) to Produce Emperor Gabriel Ogbonna ,on Friday the 17th day of July 2020 for the hearing of an application for the enforcement of his fundamental rights .
In a fundamental rights action sponsored by the former 2nd Vice President of NBA, and a human rights Activist based in Lagos, Monday Ubani Esq, for Emperor Ogbonna Esq, the High Court of FCT, Coram Justice M.E. Anenih,
Emperor Ogbonna who has been in the detention of the DSSS, for 90 days now and has sought before the court the following reliefs:
1. A DECLARATION that the arrest, physical assault, torture, inhuman and degrading treatment meted out to the Applicant from Tuesday, 28th of April,2020, till date, by the 1st and 2nd Respondents and their employees, operatives and or agents, in their detention cell in Abuja, for merely expressing his opinions and views in respect of the alleged secrete Oath between Dr Okezie Ikpeazu the current Governor of Abia State, the immediate past Governor of Abia State, Theodore Ahamefula Orji and his son, are illegal, unlawful, wrongful, unconstitutional and constitute a violation of the Applicant’s fundamental rights as enshrined in Section 34 (1)(A) of the Constitution of the Federal Republic of Nigeria, 1999, as altered, and Articles 2,3,4, 5, 6 & 9 of the African Charter On Human And Peoples’ Rights (Ratification And Enforcement) Act Cap A9 Laws of the Federation of Nigeria 2004.
2. A DECLARATION that the threat to the life of the Applicant, the inhuman and degrading treatment meted out on the Applicant, from Tuesday, 28th of April,2020, till date, by the 1st and 2nd Respondents and their employees, operatives and or agents, for merely expressing his opinions and views in respect of the alleged secrete Oath between Dr Okezie Ikpeazu the current Governor of Abia State, the immediate past Governor of Abia State, Theodore Ahamefula Orji and his son are, illegal, unlawful, wrongful, unconstitutional and constitute a violent violation of the Applicant’s fundamental rights as enshrined in Sections 33 (1)(2) (A) & (B), 34 (1)(A) of the Constitution of the Federal Republic of Nigeria, 1999, as altered, and Articles 2,3,4, 5, 6 & 9of the African Charter On Human And Peoples’ Rights (Ratification And Enforcement) Act Cap A9 Laws of the Federation of Nigeria 2004.
3. A DECLARATION that the detention of the Applicant, at the filthy detention cell of the 1st and 2nd Respondents in Abuja, from Tuesday, 28th of April, 2020, till date, by the 1st and 2nd Respondents and their employees, operatives and or agents, for merely expressing his opinions and views in respect of the alleged secrete Oath between Dr Okezie Ikpeazu the current Governor of Abia State, the immediate past Governor of Abia State, Theodore Ahamefula Orji and his son, are wrongful, unlawful and constitute a flagrant violation of the Applicant’s fundamental rights as enshrined in Sections 34(1a), 35(1) and 39 of the 1999 Constitution of the Federal Republic of Nigeria, as altered (CFRN), and Articles 2,3,4, 5, 6 & 9 of the African Charter on Human and Peoples’ Rights Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria, 2004.
4. A DECLARATION that the Applicant is entitled to a public apology and adequate compensation from the Respondents as provided for in Sections 35 (6) and 46 (1) of the 1999 Constitution of the Federal Republic of Nigeria, as altered, for the blatant violation of the Applicant’s fundamental rights without following the due process of law.
5. AN ORDER of this honourable court directing the 1st and 2nd Respondents jointly and severally, to pay to the Applicant, the sum of Five Hundred Million Naira, (N500,000,000.00) only, representing general and exemplary damages, for the wanton and grave violation of the Applicant’s fundamental rights, without following the due process of law.
6. AN ORDER of this honourable court, directing the Respondents to publish in three notable National Newspapers, an unreserved apology to the Applicant, for the brazen breach of his fundamental rights without following the due process of law.
7. AN ORDER OF INJUNCTION restraining the Respondents, whether by themselves, their agents, servants employees, or howsoever and by whatever name called, from further breaching and or threatening to further violate the fundamental rights of the Applicant, on the basis of the same or similar facts and circumstances of this matter.
8. AND FOR SUCH FURTHER OR OTHER ORDERS as this Honourable Court may deem fit to make in the circumstance.
BarristerNG gathered that Mr. Ubani funded and directed lawyers in Abuja to take all legal steps necessary to ensure the release of the lawyer who has been illegally, unlawfully and unconstitutional detained by the DSS.
BarristerNG spoke to Nkem Okoro Esq, the lawyer handling the matter in Abuja,Nkem thanked the Human Rights activist, Monday Ubani Esq, for his support and called on all other Senior Lawyers especially the current leadership of NBA to come to the aid of their professional colleague.
There is also an existing judgment of the Federal High Court, Umuahia, directing the DSSS to release the Emperor Ogbonna, which order the DSSS have refused and neglected and had continued to detain Emperor without charging him to court for over 90 days now and counting.
It is believed that the DSSS will obey the order of the court this time, by producing Emperor Ogbonna in Court on Friday, the 17th day of July 2020.