The Federal High Court sitting in Abuja, on Thursday, restrained Governor Yahaya Bello of Kogi State and all security agencies in the country, from arresting the candidate of the Social Democratic Party, (SDP) for the forthcoming governorship election in the state, Alhaji Murtala Ajaka.
The court made the order following a fundamental right enforcement suit that the SDP candidate brought before it.
Ajaka had in the suit marked: FHC/ABJ/CS/952/2023, which he filed through his team of lawyers led by Mr. S. E. Aruwa, SAN, sought protection from the court.
Insisting that his life was in danger, the SDP’s flag-bearer for the gubernatorial election billed for November 11, specifically, prayed the court to enforce his fundamental rights to life, dignity of his human person, personal liberty, fair hearing, freedom of expression and peaceful assembly, freedom of movement, among others.
He anchored the suit on Sections 33, 34, 35, 36, 37, 3s, 39, 40, 41, 42 and 43 of the 1999 Constitution, as amended, as well as on Articles 2, 3, 4. 5, 6, 7(1), 10(1), 11(1), 12(1), 13 and 14 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, CAP A9, Laws of the Federation, 2004.
Aside from governor Bello, who was cited as the 1st Respondent, the Nigeria Police Force, the Inspector-General of Police, Commissioner of Police (Kogi state command), the Department of State Services, as well as its Director General, were listed as 2nd to 6th Respondents.
Other Respondents in the matter, are; the Director of DSS (Kogi state command), the Commandant General of the Nigeria Security & Civil Defence Corps, the Chief of Defence Staff, the Chief of Army Staff, and the Chief of Naval Staff.
In his ruling on Thursday, Justice Inyang Ekwo held that he found merit in the ex-parte motion and affidavit of urgency that the Applicant brought before the court.
He, therefore, issued an order, “restraining the Respondents, their Agents, Servants and anybody acting through or under them from arresting, inviting, detaining or threatening the Applicant’s life and property pending the hearing and determination of the substantive suit.”
