The Federal High Court in Abuja has issued a restraining order against the Governor of Kogi State, Yahaya Bello, as well as the Police, Department of State Services (DSS), Army, Navy and other security agencies prohibiting them from inviting, arresting, detaining, or threatening the governorship candidate of Social Democratic Party (SDP), Alhaji Murtala Yakubu Ajaka.
The court issued the restraining order pending the hearing and determination of the substantive suit, 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.”
“An Order is hereby made compelling the 2nd to 11th Respondents to immediately provide maximum security to the Applicant in Abuja, FCT, Kogi State and elsewhere in Nigeria pending the hearing and determination of the substantive suit.
“Applicant is hereby ordered to serve Respondents with all the processes in this suit together with the Order of Court,” Justice Ekwo held.
The case was subsequently adjourned to July 21 for hearing.
In a related development, Ajaka has also petitioned the Inspector General of Police over continuous threat to life, intimidation, harassment and blackmail by Kogi Governor, Yahaya Bello.
The petition was submitted by Femi Falana, a Senior Advocate of Nigeria, on Wednesday, July 12th.
In the petition, Falana mentioned that since the nomination of Alhaji Murtala Yakubu Ajaka as SDP governorship candidate in Kogi state, Governor Yahaya Bello has denied him and his large political followers of lawful assemblage and peace in Kogi state against their fundamental human rights.
The petitioner averred that Kogi Governor, using the state apparatus, had launched violent attacks on the SDP candidate and his supporters with premeditated intentions to install his cousin as the next Governor of the state.
Falana also in the petition accused the state commissioner of police and other security agencies of refusing to investigate a petition written by the SDP candidate, rather than acting in cahoots with the state government to arrest and hound him with terrorism and treasonable felony act and possibly eliminate him.
He appealed to the Inspector General of Police to caution and investigate the state commissioner of police and his men, as well as investigate the reason behind the manhunt for SDP governorship candidate.
