The Directors of Paz Oil Nigeria Limited, Ibrahim Shehu Tenimu and Jemima Monosoko Shehu have slammed a N10 billion fundamental human rights enforcement suit against the Inspector General of Police (IGP), Nigerian Police Force (NPF), Kwara state police Commissioner and four others over alleged violation of their fundamental rights without following due process of the law.
Cited as respondents in the suit are the IGP; Nigeria Police Force; Dr. Kamoru Yusuf and his company Kam Steel Integrated among others.
In the suit numbered, FHC/ABJ/CS/1278/2023, dated September 18, the applicants, along with their company also joined Superintendent Sadiq Sule, filed on their behalf by their counsel, Akintoye Balogun before Justice Mobolaji Olajuwon of a Federal High Court sitting in Abuja.
The applicants alleged in their suit that, the 5th Respondent in the suit, Dr. Kamoru Yusuf and his Company, has been using the powers of the Police, particularly the State Intelligence Bureau (SIB) of Kwara State Command to intimidate, harass, witch hunt and oppress the directors of Paz Oil Nigeria Limited as well as their family members.
The Directors are seeking amongst other prayers a declaration that the serial acts of intimidation, incessant invitations and persistent threats of the 1st to 4th Respondents (the Police) to invite, witch-hunt, arrest, detain, embarrass and humiliate the Applicants herein, on the alleged prompting and instigation of the 5th Respondent (Dr. Kamoru Yusuf), amount to a violation of their fundamental rights as enshrined in sections 35, 37, 39, and 41 of the Constitution of the Federal Republic of Nigeria, 1999, as altered, and Articles 5, 6, 8, 9, 10, 12 & 14 of the African Charter on Human and Peoples’ Rights Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004.
The Applicants are seeking a perpetual injunction restraining the Respondents from the continuous invitations, witch-hunting, arrest and attempts to arrest, detention, embarrassment and humiliation of the Applicants herein.
They alleged that rather than pursue a civil action against the Applicants, Dr. Kamoru and his Company have been allegedly using the police to witch hunt and arrest the Applicants at all cost for a purely civil transaction.
The Applicants in the suit, amongst other prayers are seeking a declaration “that the serial acts of intimidation, incessant invitations and persistent threats of the 1st to 4th Respondents to invite, witch-hunt, arrest, detain, embarrass and humiliate the Applicants herein, on the prompting and instigation of the 5th Respondents, amount to a violation of the Applicants’ fundamental rights as enshrined in sections 35, 37, 39, and 41 of the Constitution of the Federal Republic of Nigeria, 1999,as altered, and Articles 5, 6, 8, 9, 10, 12 & 14 of the African Charter on Human and Peoples’ Rights Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004.
“that the serial acts of intimidation, incessant invitations and persistent threats of the 1st to 4th Respondents to invite, witch-hunt, arrest, detain, embarrass and humiliate the Applicants herein, on the prompting and instigation of the 5th Respondent, over civil transactions between the Applicants and the 5th and 6th Respondents is illegal, unlawful, wrongful, unconstitutional and constitute a blatant violation of the Applicant’s fundamental rights as enshrined in sections 35 to 37, 39, and 41 of the 1999 Constitution of the Federal Republic of Nigeria, as altered, and Articles 5, 6,8,9,10,12 & 14 of the African Charter on Human and Peoples’ Rights Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria 2004.
‘that the violent invasion, viet armis of the 1st Applicant’s residence at Plot 1, Ibrahim Shehu Tenimu Close, Gwarimpa, Federal Capital Territory , Abuja, by operatives of the 1st to 4th Respondents, at the instigation of the 5 Respondent, on the 1st and the 2nd of August 2023 to arrest the 1st and 2nd Applicants, without a warrant or a court order to that effect, is ultra vires the powers of the Respondents ,is illegal, unconstitutional and constitutes a violation of the Applicants’ fundamental rights to privacy and dignity of human person as guaranteed by sections 34 and 37of the Constitution of the Federal Republic of Nigeria 1999 (as altered) and Articles 3, 4 and § of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap A9, LFN 2004.
“that the Applicants are entitled to a public apology and adequate compensation from the Respondents as provided for in sections 35 (6) and 46 (1) of the 1999 Constitution of the Federal Republic of Nigeria, as altered, Sections 314 (1) and 323 (1), (2) of the Administration of Criminal Justice Act, 2015, for the blatant violation of the Applicants’ fundamental rights, over a civil transaction.
And an order directing the Respondents jointly and severally, to pay to the Applicants the sum of N10,000, 000, 000.00 (Ten Billion Naira) only as exemplary damages for the wanton and grave violation of the Applicants’ fundamental rights, without following the due process of the law.
