At the resumed hearing of the case Omoyele Sowore v. NPF & 3 Ors, on Wednesday before Justice Emeka Nwite, counsel for the police in both cases was absent in court and counsel for the Attorney-General of the Federation was absent too in one of the cases.
A Federal High Court sitting in Abuja has adjourned for judgment in the fundamental rights enforcement suits filed by human rights activist Omoyele Sowore to challenge his coordinated attack, arrest and illegal shooting at various times by the agents of the Nigeria Police.
At the resumed hearing of the case Omoyele Sowore v. NPF & 3 Ors, on Wednesday before Justice Emeka Nwite, counsel for the police in both cases was absent in court and counsel for the Attorney-General of the Federation was absent too in one of the cases.
But with their counter-affidavits in court, Tope Temokun, counsel for Sowore, urged the court to invoke ORDER XII RULE 3 of Fundamental Rights Enforcement Procedure Rules and adopt their written addresses in their absence.
The application was granted.
Temokun urged the court to grant the prayers of the applicant, Sowore, by declaring his arrest in the Federal High Court in Abuja on July 26, 2021, and his shooting on May 31, 2021, at Unity Fountain in Abuja during a peaceful rally, illegal and unconstitutional.
The court also ordered notices of judgement to be served on the Inspector General of Police (IGP), Alkali Baba Usman, Attorney General of Federation, Abubakar Malami and CSP Altine Hyelhira Daniel.
The judge, therefore, adjourned the case to July 5, 2023 for judgment.
Sowore was assaulted and subsequently arrested by a team of armed policemen on July 26, 2021.
The lead was led by Abdullahi Abubakar Hassan, the Divisional Police Officer, Federal Secretariat in Abuja during the trial of Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB).
The activist was to attend the court proceedings of the five young activists who were arrested by the Department of State Services (DSS) for wearing T-shirts with the inscription 'BuhariMustGo' at Dunamis International Gospel Center located along Airport Road in Abuja.
The activist through his lawyer, Tope Temokun in separate fundamental rights enforcement suits marked FHC/ABJ/CS/1238/2021 and FHC/ABJ/CS/1239/2021, is seeking an order of the court directing the respondents to jointly pay him (applicant) the sum of ₦50,000,000.00 (Fifty million naira) as general and exemplary damages for the violation of his fundamental rights.
In the same vein, the activist is also challenging being shot with a teargas canister at close range with a projectile gun while attending a protest to demand an end to insecurity in the country at Unity Fountain by one CSP Altine, a female police officer.
Despite being on the ground with a deep injury on his thigh, the female officer instructed her men to fire more teargas toward Sowore to prevent people from saving him.
But he was eventually rushed to the hospital for treatment.
The reliefs sought in the suit include: “An order of the court directing the respondents, to pay jointly and severally to the Applicant, the sum of ₦50,000,000.00 (Fifty Million Naira), only, as general and exemplary damages for the violation of the applicant’s fundamental rights.
“An order of the court, mandating the 1st, 2nd, 3rd and 4th respondents to issue an apology to the applicant, to be published in two reputable national daily newspapers for the violation of the applicant’s fundamental rights as afore-stated and many others.”
Sowore said he would not give up on challenging any act of impunity and human rights violation by security agencies under President Muhammadu Buhari’s administration.
He said the DPO did not only attack him physically but also arranged and connived with hoodlums and thugs to attack him.