Embattled publisher of Sahara Reporters and his compatriot Olawale Bakare also in Directorate of State Security Services have sued the Director-General of the Department of State Services, Yusuf Bichi and the Attorney-General of the Federation, Mr. Abubakar Malami, claiming N1 billion.
The duo took out the action in a Federal High Court, Abuja where they are each claiming N500 million as damages for the violation of their fundamental rights to life, dignity of their persons, fair hearing, health, freedom of movement and association.
According to the court papers, their arrest and the attack on them by the operatives of the DSS in Lagos and Osogbo on August 2 and 5, 2019, as well as their continued illegal detention by the security agency, constituted a violation of their rights.
The duo through their counsel, Mr. Femi Falana (SAN) alleged that the DSS DG and the AGF violated various rights guaranteed under sections 35, 36 and 37 of the Constitution and Articles 6 and 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of the Federation of Nigeria, 2004.
Sowore’s and Bakare’s suits were independently filed as FHC/ABJ/CS/1407/2019 on November 15, 2019 and FHC/ABJ/CS/1428/2019 filed on November 20, 2019 respectively.
The affidavits in support of the suits were deposed to by one Marshal Abubakar, who stated that Sowore was arrested in Lagos on August 2, while Bakare was arrested in Osogbo, Osun State on August 5.
The deponent said the two men were detained illegally without a court order till August 8, 2019, when Justice Taiwo Taiwo of the Federal High Court gave the agency permission to hold them for 45 days.
Sowore and Bakare were later charged with a treasonable felony in addition to other charges. However, on September 24, 2019, upon the expiration of the 45 days detention period, Justice Taiwo ordered the release of the two men which the DSS DG is yet to comply with.
Both detainees were on September 30, arraigned before Justice Ijeoma Ojukwu of the Federal High Court in Abuja.
Abubakar further averred that on November 6, 2019, Justice Ojukwu ordered the release of the applicants upon their satisfactorily meeting of their bail conditions.”
He added that despite acknowledging the service of the release orders of the court, on November 7, the DSS DG refused to comply with the order for the release of the men.
They prayed the court to declare that their arrest without warrant of arrest “is illegal as it violates” their fundamental right “to personal liberty”.
They among others, also prayed the court to declare that “the physical attack unleashed” on them “by armed agents of the respondents” during their arrest “is illegal as it violates” their fundamental right “to dignity of person.”
They further prayed the court to declare that their detention from November 7, 2019 till date in violation of the order for their release made on November 6, 2019 “is illegal as it violates his fundamental right to liberty.”
They finally prayed for an order of perpetual injunction restraining the respondents from further violating their fundamental rights in any manner whatsoever and howsoever without lawful justification.
Source: THISDAY
