Court reserves judgment in Adaka’s rights suit against Yahaya Bello, others

On Monday, a Federal High Court in Abuja deferred ruling on a lawsuit brought by Alhaji Murtala Ajaka, the Social Democratic Party (SDP) candidate for governor of Kogi on November 11, against Governor Yahaya Bello and others over an alleged plot to have him arrested.

After Ajaka’s counsel, Mr. S.E. Aruwa, SAN, the governor’s attorney, A.M. Adoyi, and other attorneys representing respondents in the complaint adopted their procedures in support of and against the claim, Justice Inyang Ekwo postponed the matter in a brief order.

Earlier, Adoyi informed the court that on July 19, Gov. Bello submitted a preliminary objection with a written address.

In addition, the attorney requested the court to dismiss the case for lack of jurisdiction, noting that a counter affidavit had also been submitted.

Aruwa, however, claimed that their application was submitted and dated on July 11. He said that in response to Bello and others’ requests for the court to grant their reliefs, a reply on points of law and an additional affidavit had also been filed.

According to the News Agency of Nigeria (NAN), Ajaka requested judicial protection in the fundamental rights enforcement lawsuit with the case number FHC/ABJ/CS/952/2023 due to an alleged plot to have him arrested.

The SDP candidate, who insisted that his life was in danger, pleaded with the court to uphold his fundamental rights, including his right to life, the dignity of his human being, personal liberty, the right to a fair trial, the right to free speech and the right to assemble in peace.

His legal arguments were based on Articles 2, 3, 4, 5, 6, 7(1), 10(1), 11(1), 12(1), 13, and 14 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, CAP A9, Laws of the Federation, 2004. He also cited Sections 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, and 43 of the 1999 Constitution, as amended.

The Nigeria Police Force, the Inspector-General of Police, the Commissioner of Police (Kogi), the Department of State Services (DSS), and its Director General were placed as the second through sixth respondents, with Governor Bello being included as the first respondent.

The Commandant-General (C-G) of the Nigeria Security & Civil Defence Corps, the Chief of Defence Staff, the Chief of Army Staff, and the Chief of Naval Staff are further respondents. The Director of DSS (Kogi) is another.

According to NAN, Justice Ekwo stopped the defendants from detaining Ajaka on July 13 after Aruwa filed an ex parte motion to that effect.

In his decision, the judge stated that he thought the applicant’s ex-parte request and statement of urgency had validity.

In light of this, he issued an order “restraining the respondents, their agents, servants and anyone acting through or under them from arresting, inviting, detaining or threatening the applicant’s life and property pending the hearing and determination of the substantive suit.”

“An order is hereby made compelling the 2nd to 11th respondents to immediately provide maximum security to the applicant in Abuja, FCT, Kogi State and elsewhere in Nigeria pending the hearing and determination of the substantive suit.

“Applicant is hereby ordered to serve respondents with all the processes in this suit together with the order of court.”