A Benin High Court, sitting in Benin City has adjourned to 8th September 2020 ruling in a motion on notice for the enforcement of the fundamental rights of seven members of the Edo State Vigilante Group.
Counsel to the Applicants, Osarenren Matthias Obayuwana, who filed a twenty four paragraph affidavit in support of his motion, submitted that the motion was aimed at enforcing the fundamental rights to liberty and personal dignity, freedom from cruel, inhuman and degrading treatment of the Applicants by the police authorities.
He submitted that the Applicants were arrested while performing their lawful duties as Members of the state Vigilante group who were at the assembly complex at the instance of the Edo State Government to protect the place from being vandalized by hoodlums that fateful day.
Mr. Obayuwana also told the court that the Applicants were arrested by a team of Policemen led by one Supol Dahiru and taken to Force Headquarters Abuja where they were tortured and detained under unfavourable condition without food, emphasizing that the rights to personal dignity is not such that can be negotiated, waived, neglected or overlooked.
Citing sections of the law to drive home his points, the Applicants’ counsel told the court that the Respondents did not present any warrant of arrest, petition or Complaint by anyone against the Applicants on the basis of which they acted in the early hours of that day, an exercise that was ill-motivated and which smacks of partisanship in the electoral politics of Edo State.
He urged the court to accordingly, restrain the Respondents, their agents, servants and privies from further from further interference with the fundamental human rights to liberty of the Applicants in the discharge of their duties as Vigilante employed by the Edo State Government for the protection of Government properties.
Mr. Obayuwana also prayed the court amongst other reliefs to direct the Respondents jointly and severally to apologise to the Applicants in writing and publish same in at least one national daily for the unwarranted infringement of their fundamental rights to liberty pursuant to section 35(6) of the constitution of the Federal Republic of Nigeria 1999 (as amended).
Objecting the application, counsel to the Police, A. Adeghe, urged the court to rule against the Applicants because they were arrested with guns, an offence punishable by law.
The Applicants; Wilfred Ogbewe,52, Igbinobaro Collins,26, Salami Osayomore,25, Odion Osayande,23, Morgan Uwagboe,47, Ifeoluwa Oladele,36, and Agbonrere Festus,25, were arrested by a team of Policemen led by one Supol Dahiru Ibrahim from Abuja at the premises of the Edo State House of Assembly on 6th August 2020.
Joined as Respondents in the matter are; the Inspector General of Police, the Assistant Inspector General of Police, the Edo State Commissioner of Police and Supol Dahiru Ibrahim.
The presiding Judge, Hon. Justice Efe Ikponmwoba, consequently adjourned the matter to 8th September 2020 for ruling.
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