By Enyim Enyim
ONITSHA—A Federal High Court in Awka has fixed tomorrow, Friday, for hearing in a N10m suit filed against the Inspector General of Police and six others by a former presidential aspirant on the platform of the Peoples Democratic Party, PDP in the 2007 general election, Rev.Emmanuel Obianacha, for alleged unlawful arrest and detention.
Others joined in the suit are Assistant Inspector General of police incharge of zone 9, Umuahia, Abia State, Mr John Achuam, deputy commissioner of police incharge of zone 9, Umuahia, Jude Madu, ASP, Inspector Samuel Osuagwu, Inspector Mike Akwuba and Anene O Nwabufor.
In a suit No. Awka/cs/233/2010, the applicant is seeking an order to enforce or secure the enforcement of his fundamental rights to his human dignity, personal liberty and freedom of movement, right to his private and family life guaranteed by section 34(1) (a),35,37,41 and 46 of the 1999 constitution of Nigeria.
He is also seeking a court declaration that his alleged unlawful arrest at his Ogidi residence on September 2, 2010, by the 4th, 5th,and 6th respondents who, according to him, are agents of 1st, 2nd and 3rd respondents and his subsequent detention at police zone 9 cell, Umuahia, for four days at the procurement, instance, instigation and instruction of the 7th respondent by the 3rd – 6th respondents is unconstitutional, unlawful and constitutes a gross infringement and violent violation of his fundamental rights to human dignity, personal liberty and freedom of movement.
Besides, the plaintiff, who is the National President of Ikenga Ogidi Family Union, wants the 1st to the 7th respondents to tender an unreserved apology to him for their infringement on his fundamental rights.
“ Injunction restraining the respondents by themselves, servants, agents and successors in office from further infringement of the Applicants fundamental human rights aforesaid in any manner howsoever and whatsoever,” he said.
In a statement to order 11, rule 3 of the fundamental rights, rules 2009, his lawyer, Mr SRH, Chukwude, said the arrest, detention, torture, harassment and incarceration of the applicant by the 1st to the 6th respondents at the instance and instigation of the 7th respondent without any justification, is unlawful and constituted a violation of the applicant’s right to his life and integrity to his person and liberty.
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