Mr. Vijah Eldred Opuama has dragged Chief Benson Agadaga (the Chief of Staff, to the Bayelsa State Government) to court in a bid to enforce his Fundamental Human Right.
The application with suit number FHC/ABJ/CS/1325/2020, and which was filed at the Abuja division of the Federal High Court also has ASP Mohammed Gimba (IPO, IGP monitoring unit) Adamu Abdullahi Ellesman, ACP (Head, IGP monitoring unit), the Inspector General of Police and the Attorney General of the Federation; as 2nd, 3rd, 4th, and 5th defendant respectively.
Opuama who is asking the court for a N30 billion naira damages against the defendants alleged that his Human Rights as recognized and protected by sections 34, 35, 37, 39, and 41 of the 1999 constitution, as well as Articles 5, 6, 9, and 12 of African Charter on Human and People’s Right; were all breached by the actions of the Respondent.
The Fundamental Rights application which was taken out by the Abuja based law firm of Messrs P. D. Pius & Associates has the Applicant praying the court for the following reliefs;
1) A DECLARATION that the arrest and handcuffing of the Applicant at the Bayelsa State Governorship Election Tribunal at Wuse zone 5, Abuja, by the Respondent is illegal, unlawful, and unconstitutional and a breach of his right to dignity, personal liberty, movement, private life and fair hearing.
2) A DECLARATION that the detention of the Applicant at the will of the Respondents from the 15th of August 2020, until his release by an order from the Federal High Court on the 10th of September, 2020 was unlawful, illegal and unconstitutional.
3) An ORDER that the Respondents pay the Applicant the sum of Thirty Billion Naira (N30,000,000,000) for breaching his fundamental Rights.
4) An ORDER OF PERPETUAL INJUNCTION restraining the Respondents, their agents, officers from ever arresting or detaining the applicant.
Mr. Opuama alleged that, in exercise of his constitutional Rights he had initiated an election Petition seeking to disqualify and remove Governor Doue Diri of Bayelsa State from office. However, he was arrested and handcuffed in the Tribunal and later detained.
As at the time of filing this report, the suit is yet to be assigned for hearing.
