The suit marked FHC/ABJ/CS/1407/2019 was filed on November 15, 2019.
Justice Inyang Ekwo of the Federal High Court, Abuja, has fixed March 21, 2022 for the ruling in enforcement of fundamental rights suits filed by human rights’ activist, Omoyele Sowore, against the lawless operatives of Department of State Service over his illegal arrest and detention on August 3, 2019.
The suit marked FHC/ABJ/CS/1407/2019 was filed on November 15, 2019.
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, was also joined in the suit as the second respondent.
The activist is asking the court to declare that his unlawful detention by the DSS as "illegal and a gross violation of his fundamental right to liberty.”
He is also seeking an order of the court compelling the DSS to pay to him the sum of N500,000, 000 (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.
At the resumed hearing of the case two years after it was filed, Sowore's counsel, Abubakar Marshal, while responding to the preliminary objection filed by the respondents, narrated how his client was tortured and arrested in a Gestapo manner on August 3, 2019, in a Lagos State hotel for planning to organise a protest against bad government policies.
He also referred the court to the ruling of a high court in Lagos in May 4, 2020 which held that the arrest and disruption of the protest organised by the applicant was illegal.
He also cited the case of Sambo Dasuki Vs DG DSS where the service flouted the order of the court ordering his release from illegal detention.
He said the DSS had history and record of impunity of disobeying court orders.
Marshal therefore urged the court to dismiss the objection raised by the defendant for lack of merit and grant all the reliefs sought by the applicant.
In their own submission, counsels to the DSS and Attorney General of Federation, I. Awo and Abdullahi Abubakar, respectively urged the court to dismiss Sowore's suit on the ground that he was arrested in Lagos but the suit was filed in Abuja.
Other reliefs sought by Sowore in the suit included, “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 perpetual injunction restraining the respondents from further violating the applicant’s fundamental rights in any manner whatsoever and however without lawful justification.”
The Nigerian government had accused Sowore of insulting President Muhammadu Buhari and planning to bring down his government. It had filed a bogus and trumped charge of treasonable felony against him.
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, 2019, for participating in the protest.
The case which came up before Justice Obiora Egwuatu on Monday was scheduled for mention and after the counsels for the parties involved in the case mentioned their appearances, the court fixed January 26, 2022, for the hearing of substantive application.
Sowore had on December 17, 2019, filed an application on enforcement of fundamental rights following his unlawful re-arrest by the operatives of DSS in the court room on December 6, 2019.