A Plateau State High Court in Jos adjourned hearing in a suit instituted by Alhaji Salmanu Muhammad against the Nigerian Army for the enforcement of his fundamental human rights.
The presiding judge, Justice Daniel Longji, had ordered a Military officer Major P.A. Omoniyi, attached to Operation Safe Haven (OPSH), serving as 2 IC, at Kura Falls of Sector 7 in Barkin Ladi LGA of Plateau State to appear and testify before it.
However, at Friday’s hearing the 2nd, 3rd and 4th respondents being the Nigerian army, the Chief of Defence staff, the Commander of Operation Safe Haven and Major P.A. Omoniyi, through their
Counsel, J.D Kofa, said the officers could not be in the court because they were on official assignments.
Alhaji Salmanu Bature Muhammad, had through his lawyer, Akibu Idris, in suit No. PLA/J289/2019, pursuant to order 2 rules 2 and 3 of the fundamental rights enforcement procedure chapter IV of the constitution, alleged that Major P.A. Omoniyi, unlawfully and illegally arrested him twice and further detained him for several days in an unhygienic place.
The 4th respondent lawyer, Kofa, informed the court that Major Omoniyi, was willing to appear, but that his superior had sent him on an official assignment.
Consequently, he sought for an adjournment to enable the respondents appear before the court.
But the applicant’s counsel Idris, objected to the application for adjournment, arguing that section 50 of the evidence act, said such an application shall be made in writing from a superior officer to the court.
He said the respondent had not transmitted such correspondence to the court.
However, Justice Longji, having recorded the objection of Idris, ruled that the matter is adjourned to 17 December 2019, for hearing.
