Maxwell Opara who is one of the lawyers to the detained leader of the proscribed Indigenous People of Biafra, (IPOB) Nnamdi Kanu, has slammed a N50 million suit against the Director-General of the Department of State Services (DSS) and the DSS over an alleged violation of his fundamental human rights.
The counsel, in the suit marked FHC/ABJ/CS/1018/2021, is praying the court to award him the N50 million as compensation for the infringement of his fundamental rights to dignity and human person.
Opara is also praying the court for an order of perpetual injunction restraining the two defendants and their representatives from further disturbing or interfering with his rights to dignity of human person, liberty and freedom of movement by any further harassment, intimidation and humiliation during his routine visit to their detention facility to see his client or in any way infringing on his constitutional right as guaranteed by the law.
He is also demanding a written apology by the respondents to be published in two national daily newspapers for the unwarranted infringement of his fundamental rights.
The lawyer further prayed for an order directing the respondents to jointly and severally, pay for the cause of the action.
Among other reliefs, the applicant is seeking from the court “a declaration that the respondents whilst in the execution of their duties must respect the fundamental rights of citizens and accordingly abide by the provisions of Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria as amended and the provisions of the Africa Charter on Human and Peoples Rights (Ratification and Enforcement) Act.
“A declaration that the actions of the men, operatives and officers under the command,/commission of the respondents on the 30th of August, 2021 during the applicant’s visit to see his client in their detention facility, wherefore they commandeered the applicant to a particular room within their facility; for purposes of alleged bodily search, wherein they forced him to remove his medicated eye-glasses, wedding ring, belt, jacket and shoes and accordingly left him shabbily dressed, harassed, intimidated and humiliated, amounts to a gross violation of the applicant’s right to dignity of human person as guaranteed under Sections 34 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 5 of the African Charter on Human and People Rights (Ratification and Enforcement) Act Cap A9 Vol. 1 LFN.
“A declaration that the actions of the men, operatives and officers under the command/commission of the respondents on the 30th of August, 2021 during the applicant’s visit to see his client in their detention facility, wherefore they commandeered the applicant to a particular room within their facility; for purposes of alleged bodily search, wherein they forcibly removed his belt, medicated eye-glasses, wedding ring, jacket and shoes, and subjected him to the humiliation of holding his trousers with his hands, wearing bathroom slippers meant for awaiting trial inmates and exposing him to Air Conditioner-inflicted cold for three hours, amounts to a gross violation of the applicant’s right to dignity of human person as guaranteed under Sections 34 of the Constitution of the Federal Republic_ of Nigeria 1999 (as amended) and Article 5 of the African Charter on Human and People Rights (Ratification and Enforcement) Act Cap A9 Vol. 1 LFN.”
Meanwhile, no date has been fixed for the hearing of the suit which was filed on Monday, September 6, 2021.
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