Maxwell Opara, one of the lawyers for the leader of the Indigenous People of Biafra, Nnamdi Kanu, has dragged the Department of State Services before the Federal High Court Abuja for allegedly violating his fundamental human right.
In the suit marked FHC/ABJ/CS/1018/2021, Opara is demanding compensation of N50 million for the infringement on his right to dignity of the human person.
Opara alleged that the DSS interfered with his right during his routine visit to his client who was being detained in the DSS facility.
Consequently, he also prayed the court to compel the DSS and its Director-General to issue a written apology and publish same in two national daily newspapers.
Opara is also seeking an order of perpetual injunction restraining the DSS and its representatives from interfering with his right to dignity of the human person and freedom of movement during his routine visit to his client.
He is also praying for “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.
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“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 Pe0ple 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 a bathroom slippers meant for awaiting trial inmates and exposed to Air Conditioner inflicted cold for 3 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.”
Also joined in the suit is the Director-General of the DSS. No date has been assigned yet for the suit.
Reviewed by Mgbara Zion Barisuka
on
September 06, 2021
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