Medical doctor drags A’Ibom speaker to court for assault, demands N500m
Justice Fatun Riman of Federal High Court 2, sitting in Uyo, the Akwa Ibom State capital, Friday deferred hearing on fundamental rights enforcement case against the Speaker of the Akwa Ibom State House of Assembly, Mr. Onofiok Luke, to December 1.
Joined in the suit includes the Inspector General of Police (IGP), the Department of State Services (DSS) and the Commissioner of Police (CP), Akwa Ibom State Command.
The Chairman of the Eket branch of the Nigerian Medical Association (NMA), Akwa Ibom State, Dr. Emmanuel David Udo, had dragged the speaker, Akwa Ibom House of Assembly and three others to court, for alleged assault.
Udo in his affidavit alleged that the security aides attached to the Speaker comprising DSS personal and the Police, assaulted him.
Udo recalled that “I was severely manhandled and tortured when Luke’s convoy ran into my car in a crowded scene along the Uyo-Ibesikpo road, on my way to Eket with my family”.
He alleged that “my car ran into a crowd of mourners along the road and because of the heavy traffic hold-up, I could not immediately give way for the Speaker’s convoy to have easy passage”.
“Suddenly security aides to the Speaker comprising the Police and members of the Department of State Services (DSS) dragged me out of the car and severely dealt physical attack on my person under the supervision of the Speaker himself”, he narrated.
He lamented that though the incident occurred about one year ago, the injury he sustained on his spinal cord prevented him from seeking a redress on the matter until now “that I am well and able to withstand the rigours of pursuing the enforcement of my fundamental human rights”.
In the originating motion on notice (FHC\UY\CS\119\2017), Mr. Luke, Mr. Courage Noguese, the DSS Director; Mr. Muazu Zubairu, the Commissioner of Police and Mr. Ibrahim Idris, the Inspector General of Police, are listed as 1st, 2nd, 3rd, 4th and 5th respondents in the matter.
In his written address, Inibehe Effiong, Counsel to Udo, is seeking to determine whether the assault and torture meted by the accused persons on his client, amount to “a breach on the applicant’s fundamental human rights to dignity of his human person as guaranteed in section 34(1) (a) of Nigeria’s 1999 constitution (as mended), as well as the African Charter on Human and People’s Rights”.
The Court would have the onus of also determining whether Luke and his security aides violated his client’s fundamental rights of freedom of movement and from discrimination as guaranteed by relevant sections of the Constitution (1999) and the African Charter on Human and People’s Rights, amongst others.
If established that Luke and his security aides had fallen foul of the law, against the NMA chair, Effiong, a Lagos based human rights lawyer, is seeking damages amounting to N100million and exemplary damages to the tune of N400million.
But Counsel to Luke, Mr. Ekemini Udim, of the Justice Chambers, pleaded the Court presided over by Justice Fatun Riman, for more time to properly file necessary documents.
However, Justice Riman acceded to the defense lawyer’s request and adjourned the matter to December 1, and awarded a cost to N5,000 each against the Speaker and the DSS, for filing their responses outside the stipulated five days allowed by the law.
Bassey Willie
