KOGI 2023: Court Gags Yahaya Bello, DSS, Police, Stops The Arrest Of ADC Guber Candidate
Justice Ahmed Ramat Mohammed of the Federal High Court in Abuja has ordered the Director General, Department of State Service (DSS) and the Inspector General of Police (IGP) to give maximum protection to the governorship candidate of the African Democratic Congress (ADC), Hon Leke Abejide, from any arrest or detention by the Kogi State Governor, Yahaya Bello.
The DSS, Police and Bello were in a separate order, barred from inviting, arresting, detaining, or threatening the life and properties of the governorship candidate pending the hearing and determination of a suit instituted against them by the politician.
The restraining orders were issued by the judge on Wednesday in Abuja while ruling in an ex-parte application argued by a Senior Advocate of Nigeria (SAN), Sammie Somiari on behalf of the governorship candidate.
In the enrol order signed by Justice Mohammed, the DSS, Police and the Nigeria Security and Civil Defense Corps were ordered to protect the properties of the politician in Abuja, Kogi State and in any parts of the country while the orders last.
The governorship candidate in the ex-parte motion marked FHC/ABJ/CS/1248/2023 had sought for enforcement of his fundamental rights to life, dignity of person, personal liberty, fair hearing, peaceful assembly and association.
He also sought the enforcement of his rights to freedom of movement and freedom from discrimination as enshrined in sections 33, 34,35,36,37, 38,40,41,42 and 43 of the 1999 Constitution and other relevant laws on human rights.
He complained that since he emerged governorship candidate, Governor Yahaya Bello had allegedly become jittery and threatened to get him arrested and detained to keep him out of circulation.
Abejide further alleged that the ultimate aim of the governor is to harass, intimidate, threaten and get him out of the November 11, 2023 governorship election at all cost to pave way for his anointed candidate in the All Progressives Congress (APC).
After listening to arguments of the senior lawyer along with tendered exhibits, Justice Mohammed issued the restraining orders against the respondents to the effect that the applicant must not be arrested, detained or harassed pending the resolution of his substantive suit.
“An Order is hereby made restraining the respondents, their agents, servants and anybody acting through or under them from arresting, inviting, detaining or threatening the applicant’s life and properties pending the hearing and determination of the substantive suit.
“An Order is hereby made compelling the 2nd – 8th 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”, the judge held.
The judge ordered the applicant to serve all processes in respect of the suit on the respondents.
The respondents in the suit are the Governor of Kogi State, Yahaya Bello, Nigeria Police Force, Inspector General of Police (IGP) Commissioner of Police (Kogi State), DSS, Director General of DSS, Director DSS (Kogi State) and the Commandant-General, Nigerian Security and Civil Defence Corps (NSCDC).
The judge thereafter, fixed September 20 for hearing of the substantive suit.
In the substantive suit filed on his behalf by Ogwu James Onoja, SAN, the ADC governorship candidate prayed the court for declaration that hounding, harassment, intimidation, threat to arrest, kill, detain by Kogi governor, using armed officers, militias and thugs to stop him from participating in the November 11 election is a violation of his rights to life and dignity of his human person.
He also asked the court to declare that the threat by Governor Yahaya Bello to attack, invade and destroy his motor vehicles, houses and offices so as to kill, arrest and detain him is a violation of his rights to peaceful assembly and association, freedom to life, dignity and personal liberty.
Abejide applied for an order of the court restraining the respondents whether by themselves, their agents or privies from arresting, abducting, detaining, or further harassing, intimidating, shooting, threatening him and his properties.
The ADC governorship candidate also sought another order on Governor Yahaya Bello to pay him N2 billion for the alleged gross violation of his fundamental human rights in addition to tendering public apology.
In a 27-paragraph affidavit he personally deposed to in support of the originating summons, the plaintiff averred that the agents of the Kogi State Governor have allegedly laid siege on his house in Abuja since he became a front runner in the Kogi State Governorship election.
He claimed that his protest and complaints to the Inspector General of Police (IGP) did not yield fruitful results, hence, his decision to approach the court for protection for his life and properties.
Recall that the same court had on July 13 ordered security agencies in the country to provide maximum protection for another governorship candidate of the Social Democratic Party (SDP) in the November governorship election in Kogi State, Murtala Ajaka following similar complaints of threat to life. SOURCE
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