Nathan Tamarapreye, Yenagoa
The Federal High Court sitting in Abuja has ordered a substituted service on the former Interim Coordinator of the Presidential Amnesty Programme (PAP), Major General Barry Ndiomu (rtd) over a N300m unlawful detention suit filed by a Bayelsa-based Blogger, Mienpamo Onitsha Saint.
The order was in favour of Saint (Applicant) for a Motion on Notice for the Enforcement of the Applicant’s Fundamental Human Rights over alleged 23 days unlawful detention in 2023 by the Nigerian Police.
The court ordered that the court documents should be posted at the home of Ex-Gen. Barry Ndiomu, the immediate past interim Administrator of the Presidential Amnesty Program (PAP) at Bekebor Quaters, Odoni, Sagbama LGA, Bayelsa State through substitution as the 6th Defendant in the lawsuit.
Saint, who is the publisher of the online news medium, Naija Live TV, was arrested in Yenagoa, Bayelsa State on October 10 2023 and was taken to the Force Headquarters by detectives from the Force Criminal Investigation Department (FCID) over some alleged reports against the former Interim Administrator, Presidential Amnesty Programme.
Saint, who claimed he was unlawfully detained approached the court seeking an order for general damages in the sum of N300m for breaching his fundamental human rights contained in sections 35 and 36 of the 1999 Constitution of Nigeria as amended and Articles six and seven of the African Charter on Human and Peoples rights.
Respondents in the suit filed by a legal firm, Terhemba Gbarsima and Associates in Abuja, are the Inspector-General of Police (IGP), Force Criminal Investigation Department (FCID), NPF, National Cyber Crime Centre, DCP Uche Henry, Mr Simiat Suleiman, CSP B A. Abdullahi and former Interim Administrator, Presidential Amnesty Programme (PAP), Maj.-Gen. Barry Ndiomu the 6th
Saint is seeking a declaration that his detention in the facilities of FCID Area 10, Garki, Abuja from October 11, 2023, till the day of filing the application was a violation of his right to dignity of his human person and right to personal liberty protected by Sections 34(1)(a) and 35 (1) of the 1999 Constitution as amended and therefore unreasonable and unlawful.
Others are: “A declaration that the Applicant’s fundamental human rights guaranteed under Sections 35(1), (4), (5), 36(1) and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 6 and 7 (1) of the African Charter on Peoples and Human Rights have been breached.
“An order of the honourable court compelling the respondents to return the personal belongings of the applicant, which is in their possession.
“An order of perpetual injunction restraining the respondents, either acting by themselves or through their agents, officers, servants, privies or howsoever otherwise described, from further harassing, attempting to arrest or detain the applicant unlawfully in connection with the facts of the instant application.”
Part of the grounds for the reliefs said: “By unlawfully detaining the applicant beyond a period of one day where there is a court of competent jurisdiction within a radius of forty kilometres by the respondents on the 11th October 2023 after he was arrested on the 10th October 2023 without taking him to court before detaining him is a violation of the applicant’s fundamental human rights.
The respondents have jointly and severally breached the Applicant’s fundamental rights to personal liberty, freedom of movement, and dignity of the human person as guaranteed under Sections 34(1)(a), Section 35, and Section 41(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“By breaching the applicant’s fundamental rights under Sections 34 (1)(a), 35 & Section 41(1) of the 1999 CFRN (as amended), the applicant is entitled to damages and compensation under the law.”
Meanwhile, Justice Nwite also at the resumed hearing and trial in a separate suit numbered FHC/ABJ/CR/492/2023 between the Inspector-General of Police as the complainant and Saint as the defendant ordered the release vital personal belongings of the Bayelsa-based blogger.
The presiding Judge’s order came after an application was made by the defendant’s lead counsel, Benjamin S. Ogbara, Esq, over the reluctance of the Nigerian Police to release vital personal belongings of the Bayelsa news blogger.
Ogbara told the Court that the items identified as personal belongings include an iPhone XR, a Tecno Android phone, a gold wristwatch worn during his recent marriage, a power bank, two cordless microphones, phone stabilisers, a Novena University identification card, passport photographs, two bank tokens of Zenith and GTbank and a purse among other’s items.
Justice Nwite, after hearing from the two counsels, ordered that the belongings that would not be used as exhibits should be released immediately.
112 days after Justice Emeka Nwite gave the order on the 24th day of September 2024, the Nigerian police authorities have deliberately refused to obey the court orders to release the personal belongings of the Bayelsa-based blogger, Saint.