In a bid to enforce his fundamental rights following an allegation of harassment, a University lecturer and rights activist, Prof. Chijioke Uwasomba has filed an action at a High Court of the Federal Capital Territory against Colonel Abubakar Abdulkadir Alkali of the Special Investigation Bureau of the Nigeria Army Military Police.
Uwasomba is also demanding the sum of N10 million as exemplary damages for threat of to arrest him by the police at the instance of the Army Colonel.
No date has been fixed for hearing of the case, while it had yet to be assigned to a judge.
The Commissioner of Police, FCT Command, was also listed as second respondent in the suit marked W/7744/23 and which processes were obtained on Tuesday.
The plaintiff in a Fundamental Human Rights Enforcement filed by his lawyers, Onyeisi Chiemeke and Abdul Mahmud, said he got invitations with threats of arrest from the police following a breach of agreement by the respondent.
Uwasomba, a lecturer in the Department of English at the Obafemi Awolowo University, Ile-Ife therefore demanded, among others, “the sum of N10 million as exemplary damages for the said wrongful invitation” and threat to arrest him by the personnel of the police at the instance of Colonel Alkali for no legal justification.
He also demanded a declaration that the orders for his invitation and arrest by the police and its agents “based on the misleading information” by Alkali of a business transaction (agency relationship) between them was wrong, unlawful, illegal and a violation of his fundamental rights to personal liberty and freedom of movement as guaranteed by Sections 35, 41 and 44 of the constitution of the Federal Republic of Nigeria, 1999 and Article 6, 12 and 14 of the African Charter of Human and Peoples Rights, Laws of the Federation of Nigeria, 2004.
The OAU don asked the court to restrain the respondent, its servants, agents and/or privies, jointly or severally, or any law enforcement agency acting pursuant to their instructions from threatening, harassing, arresting or detaining him and members of his family based on the complaint of the first respondent, in violation of his rights to dignity of human person, personal liberty, freedom of movement and right to work guaranteed by Sections 34, 35, 37 and 41 of the Constitution of the Federal Republic of Nigeria 1999 and Articles 5, 6 12 & 15 of the African Charter on Human and Peoples Rights (Ratification and Enforcement Act) (Cap. A9) Laws of the Federation of Nigeria, 2004.
Uwasomba also asked the court to declare that the first and second respondents were not empowered by the laws of the Federal Republic of Nigeria or any other statute or instrument to threaten, harass, arrest or detain him in violation of his Fundamental Rights to dignity of human person, personal liberty, freedom of movement and right to work guaranteed by Sections 35, 37 and 41 of the Constitution of the Federal Republic of Nigeria 1999 and Articles 5, 6 12 and 15 of the African Charter on Human and Peoples Rights (Ratification and Enforcement Act) (Cap. A9) Laws of the Federation of Nigeria, 2004 over a commercial or third party commercial transactions.
