A Federal High Court sitting in Abuja has adjourned the fundamental rights enforcement suits filed by human rights activists, Omoyele Sowore and Olawale Bakare to January 26, 2022, for hearing of the substantive application.
The suits were filed about two years ago.
The suits marked FHC/ABJ/CS/1407/2019 and FHC/ABJ/CS/1428/2019 were filed on November 15 and 20, 2019 respectively.
The activists are asking the court to declare that their unlawful detention by the Department of State Services (DSS) was “illegal as it violates their fundamental right to liberty”.
They are also asking the court to order the DSS to pay them N500 million each as damages for their detention and violation of their fundamental rights.
They are also seeking an order of perpetual injunction restraining the respondents from further violating their fundamental rights in any manner whatsoever and howsoever without lawful justification.
Sowore was arrested on August 3, 2019, for calling on Nigerians to embark on a peaceful demonstration to demand a better country from the administration of President Muhammadu Buhari, while Bakare was arrested on August 5 for participating in the protest.
The case which came up before Justice Obiora Egwuatu on Monday was scheduled for mention.
After the counsel for the parties involved in the case mentioned their appearances, the court fixed January 26, 2022, for the hearing of the substantive application.
The case was initially assigned to Justice Inyang Ekwo and later transferred to Justice Ahmed R. Mohammed.
Mohammed later recused himself from hearing the case, saying “SaharaReporters in two publications” accused him of taking bribe in a case involving the former Benue State Governor, Gabriel Suswam in 2016 and 2019.
He said he would not allow his decision in the matter to be a subject of interpretation in the public space.
Mohammed said he would return the case file to the chief judge for reassignment.
The two men were held in custody from that time until December 2019 when they were finally released on bail.
Other demands in the suit include: A declaration that the detention of the applicant from November 7, 2019, till date in violation of the order for his release made on November 6, 2019, is illegal as it violates his fundamental right to liberty guaranteed by Section 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 6 of African Charter on Human and Peoples’ Rights (Ratification and Enforcement Act (CAP A10) Laws of the Federation of Nigeria 2004.
“An order of this court compelling the respondents to pay to the applicant the sum of N500,000, 000, 00 (Five hundred million naira) as general and aggravated damages for the illegal violation of the applicant’s fundamental right to life, dignity of his person, fair hearing, health, freedom of movement and freedom of association.
“An order of perpetual injunction restraining the respondents from further violating the applicant’s fundamental rights in any manner whatsoever and however without lawful justification.”
Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) is joined in the suit.
