OSSIEC, Abioye sue IGP, Osun CP for breach of fundamental rights

The Osun State Independent Electoral Commission (OSSIEC) and its chairman, Barrister Hashim Abioye, have filed a ₦2 billion lawsuit against the Inspector General of Police, Kayode Egbetokun, and the Osun State Commissioner of Police, Muhammad Abba, for violating their fundamental rights.

OSSIEC, alongside its chairman, is seeking ₦2 billion in damages for the alleged harassment, intimidation, and detention of some ad-hoc staff of the commission by agents of the defendants, despite no offense being committed.

They have requested a court order directing the defendants to jointly and severally pay the sum of ₦2 billion as damages for instigating and carrying out the breach of their fundamental rights.

Filed in a representative capacity for themselves and on behalf of all members and staff, including ad-hoc staff of the commission, the claimants have sued the defendants for the violation of their fundamental rights, illegal arrest and detention, unlawful sealing of the commission’s premises, threats of further arrest and detention, and the illegal seizure of the commission’s properties.

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It should be recalled that OSSIEC’s headquarters in Osogbo has been sealed by security agents since last Thursday.

In the suit filed at the Federal High Court in Osogbo on Tuesday, the plaintiffs, through their lawyer Maruf Adediran, asked the court to determine whether:

1. “The plaintiffs, generally, severally, and variously, are not entitled to enjoy their fundamental rights to liberty, private life, dignity of the human person, and the right to own movable and immovable property as enshrined under Chapter IV of the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights.

2. “Considering the provisions of Chapter IV of the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights, whether the defendants were justified in arresting and detaining the plaintiffs’ staff for days, particularly in relation to the election conducted by the plaintiffs on February 22, 2025.

3. “Based on the provisions of Chapter IV of the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights, whether the defendants were justified in invading and sealing the plaintiffs’ office and issuing further threats of arrest, particularly concerning the peaceful, free, and fair election conducted by the plaintiffs on February 22, 2025.”

The plaintiffs asked the court to declare that they are entitled to their fundamental rights to liberty, private life, and dignity as enshrined in the constitution.

They argued that the defendants’ conduct was unjustified in arresting and detaining OSSIEC staff for days.

Among other requests, the plaintiffs sought a declaration that:

• “The plaintiffs, generally, severally, and variously, are entitled to enjoy their fundamental rights to liberty, private life, and dignity as enshrined under Chapter IV of the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights.

• “Considering the provisions of Chapter IV of the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights, the defendants’ actions in arresting and detaining the plaintiffs’ staff for days, particularly in relation to the election conducted on February 22, 2025, were illegal and unlawful. Furthermore, any threat of further arrest and/or continued detention is equally illegal and unlawful.

• “An order directing the defendants to immediately vacate and unseal the plaintiffs’ office premises and to release any staff arrested in connection with the peaceful, free, and fair election conducted on February 22, 2025.

• “An order restraining the defendants from further arrests, detention, or any action that could infringe upon the plaintiffs’ fundamental rights to liberty, private life, and property, as guaranteed under the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights, particularly regarding the free and fair election conducted on February 22, 2025.

• “An order directing the defendants, jointly and severally, to pay the plaintiffs ₦2 billion in damages for instigating and carrying out the violation of their fundamental rights, including their rights to liberty, dignity, and private life.”