The Nigerian Army have been ordered to pay the sum of N5m to Alhaji Salmanu Bature Muhammad, over flagrant violations of his fundamental human rights.
The order was made, Monday by the Plateau State High court 5, presided over by retireen Justice, Daniel Longji, in a judgement pursuant to an application no. PLA/J289/2019, filed by Alh. Muhammad, through his Counsel Akib Idris.
The applicant had under order 2, rules 2 and 3 of the fundamental rights enforcement procedure chapter IV of the Nigerian constitution, challenged the Nigerian Army, the Chief of Defence Staff, the Commander of Operation Save Haven and Major P.A. Omoniyi, a 2 IC, sector 5 of the OPSH at Kura falls in Barkin Ladi, on an allegedflagrant violation of his rights, of unlawful arrest and unlawful detention for several days by Major P.A. Omoniyi, in May 2019.
Barr. Idris, had told the court that the 4th respondent had unlawfully and illegally arrested the applicant twice and further detained him for several days in an unhygienic place, for an alleged offence of cattle rustling by the applicants elder son Kabiru Bature.
The court had fixed November 15th, 2019, for Major P.A. Omoniyi, to appear and give oral evidence, but could not appeared.
Consequently, Justice Longji, in his judgement declared, that the 4th respondent neglected to appear and give oral evidence, therefore, the counter affidavit filed by his counsel, has no merit and it is dismissed.
“The respondent have no rights to detained and investigate the applicant, in Nigerian laws it is not allowed,” he judged.
Justice Longji further declared and ordered that the military should not rearrest, detained or harass the applicant.
“For the respondent to arrest and detained the applicant over an alleged offence committed by someone, it is not only illegal but it is barbaric,” he ordered.
Justice Longji, ordered the military to pay the sum of five million Naira as damage to Alhaji Salmanu Bature Muhammad.
