Mr. Emmanuel David Udo, a medical practitioner of over 20 years, standing as the Branch Chairman of the Nigerian Medical Association (NMA) in Eket, Akwa Ibom State, has filed a fundamental rights enforcement suit at the Federal High Court in Uyo over the violation of his rights to the dignity of the human person, freedom of movement, and freedom from discrimination.
Mr. Emmanuel David Udo, a medical practitioner of over 20 years, standing as the Branch Chairman of the Nigerian Medical Association (NMA) in Eket, Akwa Ibom State, has filed a fundamental rights enforcement suit at the Federal High Court in Uyo over the violation of his rights to the dignity of the human person, freedom of movement, and freedom from discrimination.
Mr. Inibehe Effiong, a Lagos-based legal practitioner and human rights activist who is the counsel to the doctor in an Originating Motion on notice dated the 8th September 2017 joined Rt. Hon. Onofiok Akpan Luke, Mr. Courage Noguese, State Security Service, Commissioner of Police Akwa Ibom State, and the Inspector General of Police as 1st, 2nd, 3rd, 4th and 5th Respondents, respectively.
In his written address in support of the application with reference number FHC/UY/CS/119/2017, Effiong is asking the Court on behalf of the Applicant, Dr. Emmanuel David Udo, to determine the following three issues:
i) Whether the assault and torture meted on the Applicant by the 2nd Respondent and other officers of the 3rd, 4th and 5thRespondents on the instigation, and for the benefit, of the 1st Respondent on 25th June, 2016 amounts to a breach of the Applicant’s fundamental right to dignity of the human person as guaranteed by Section 34(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 5 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap. A9 LFN 2004.
ii) Whether the interference with and restriction of the free movement of the Applicant along Obot Idim Ibesikpo Road, in Akwa Ibom State on 25th June, 2016 by the 1stand 2nd Respondents and other officers of the 3rd, 4th and 5th Respondents amounts to a breach of the Applicant’s fundamental rights to freedom of movement and freedom from discrimination as guaranteed by Sections 41and 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 2, 3 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap. A9 LFN 2004.
iii) Whether having regard to the facts and circumstances of this case, the Applicant is entitled to a public apology, compensation, damages, and other reliefs sought in this Application from the Respondents.
Upon resolution of the above issues, the Applicant is seeking the following seven reliefs from the court:
i) A DECLARATION that the subjection of the Applicant to torture, inhuman and degrading treatment on Saturday 25th June, 2016 along Obot Idim Ibesikpo Road, in Akwa Ibom State by the 2nd Respondent (an agent of the 3rdRespondent) and the agents of the 4th and 5th Respondents attached to and for the benefit of the 1st Respondent is unjustifiable, illegal, unconstitutional, and a violation of the Applicant’s Fundamental Right to the dignity of the human person and contrary to Section 34 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 4 and 5 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.
ii) A DECLARATION that the interference with and restriction of the Applicant’s use of the Obot Idim Ibesikpo Road, in Akwa Ibom State which is a public road, on Saturday 25th June, 2016 by the Respondents owing to the 1st Respondent’s status as the Speaker of the Akwa Ibom State House of Assembly is unconstitutional, grossly offensive, undemocratic and constitutes a violation of the Applicant’s fundamental rights to freedom of movement and freedom from discrimination and contrary to Sections 41 and 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 2, 3 and 12(1) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.
iii) A DECLARATION that the 1st Respondent, notwithstanding his status and position as the Speaker of the Akwa Ibom State House of Assembly is bound to obey, adhere to and comply with the extant provisions of the Nigeria Highway Code and other rules and regulations relating to the use of public roads applicable within the jurisdiction of this Honourable Court.
iiii) AN ORDER compelling the 1st, 2nd 3rd, 4th and 5thRespondents, jointly and severally, to publish a public apology to the Applicant in two national newspapers for violating the Applicant’s Fundamental Rights to the dignity of the human person, freedom of movement, and freedom from discrimination on Saturday 25th June, 2016, along Obot Idim Ibesikpo Road, in Akwa Ibom State.
v) AN ORDER directing the 1st, 2nd, 3rd, 4th and 5thRespondents, jointly and severally, to pay the sum of N100,000,000.00 (One Hundred Million Naira) as GENERAL DAMAGES to the Applicant for violating the Applicant’s Fundamental Rights to the dignity of the human person, freedom of movement, and freedom from discrimination on Saturday 25th June, 2016, along Obot Idim Ibesikpo Road, in Akwa Ibom State.
vi) AN ORDER directing the 1st, 2nd, 3rd, 4th and 5thRespondents, jointly and severally, to pay the sum of N400,000,000.00 (Four Hundred Million Naira) as EXEMPLARY DAMAGES to the Applicant for violating the Applicant’s Fundamental Rights to the dignity of the human person, freedom of movement, and freedom from discrimination on Saturday 25th June, 2016, along Obot Idim Ibesikpo Road, in Akwa Ibom State.
vii) AN ORDER compelling the 3rd, 4th and 5th Respondents, jointly and severally, to subject all their agents and officers attached to the 1st Respondent to a psychiatric test at a government owned hospital in order to ascertain whether, by their mental state, they are capable of acting in deference to the rights of the Applicant and other Nigerians in the course of giving security protection to the 1st Respondent.
In a 49 paragraphs affidavit deposed to Dr. Udo in support of the suit, the medical practitioner gave a graphic and detailed account of how the Speaker of the Akwa Ibom State House of Assembly, Mr. Onofiok Luke, in conjunction with his drivers, SSS, and Police escorts attached to his convoy, subjected him to torture, restricted his movement and discriminated against him on the 25th June 2016 along the Obot Idim Ibesikpo Road in Akwa Ibom State.
The doctor explained that on his way back to Eket from his children’s school in Uyo where he had gone to see his sick son, he met a multitude of people who had taken over the road in a procession in reaction to the sudden death of a certain young promising footballer, who died shortly after he secured a contract with a football club abroad.
Rather than following the multitude slowly like other motorists who were caught in the traffic gridlock or use his influence to get the protesters to use one side of the road, Mr. Luke’s convoy resorted to harassing and pushing vehicles that were ahead of the convoy off the road.
He explained that because of his inability to vacate the road immediately for Mr. Luke’s convoy, Mr. Courage Noguese who is the 2nd Respondent and an agent of the State Security Service, together with an armed mobile police officer, came out from the Speaker’s convoy and assaulted him mercilessly until he lost consciousness.
The doctor further stated in his affidavit that the Speaker later called him on the phone to say that he did not know that he was a medical doctor, that he thought that he was one of the hooligans. Several exhibits, including a medical report, are attached to the affidavit.
No date has been fixed for the hearing of the suit.
