An ace journalist and publisher of Power Steering Magazine, Mr. Oga Tom Uhia has dragged the Minister of state, Power Goddy Jeddy Agba, DIG. Micheal Anthony Ogbizi, of the Force CIID, Abuja, ACP. Tahir Usman , ACP.Gabriel Elaigwu, Rojas Elijah Elebel and the Nigeria Police Force as 1st to 6th respondents before Justice Peter Affen of FCT High Court, for enforcement of his fundamental human rights to personal liberty guaranteed by sections 35, 37,41 and 43 of 1999 constitution of the federal republic of Nigeria (as amended).
In the originating summons, the applicant is asking the court to award him the sum of N100m for his detention from Tuesday, 13th to 15th October, 2020, and his continued detention from Friday, 16th October 2020, after the fulfillment of the bail conditions till date without his arraignment before a court of competent jurisdiction.
Mr. Oga is also demanding for another N10m as general damages for the mental trauma, unnecessary inconveniences, waste of time and expenses occasioned by the Applicant continued detention by the respondents.
In a suit No: FCT/HC/M/10987/2020, the journalist is seeking a declaration that his detention at Force CID, Abuja, by the 2nd to -5th Respondents, all officers of 6th Respondent at the instance of the 1st Respondent from Tuesday, 13th October, 2020 to 15th Dabber, 2020, and his continued detention from Friday, 16th October 2020, after the fulfillment of his bail conditions till date without his arraignment before a court of competent jurisdiction, is illegal, unlawful, unconstitutional and violates his rights to personal liberty guaranteed under Section 35 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
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The matter which would be coming up for hearing on 5th November 2020 at the FCT High Court 17 Maitama is also seeking a declaration that the arrest of the Applicant by the 2nd to 5th Respondents all officers of the 6th Respondent at the instance of the 1st Respondent on Tuesday, 13th October, 2020 two days before the Applicant’s invitation to the Force CID, Abuja 0n the 15th October, 2020 without a warrant of arrest is unlawful, unconstitutional and a fragrant infringement on the Applicant’s fundamental right to movement protected under section 41 of the 1999 Constitution of the F.R.N (as amended).
“A declaration that the searching of the Applicant’s house at Gwarimpa, Abuja on 14th October 2020 by the 2nd -5th Respondents all Officers of the 6th Respondent at the instance of the 1st Respondent is in derogation of the Applicant’s rights to privacy guaranteed by sections 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
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“ A declaration that the seizure of the Applicant’s properties, to wit: Nikon Camera, Nokia E62 handset, cheque book, certificate of incorporation of GOAF Limited, Black briefcase containing sundry documents, and 12 copies of Power Steering magazine from the Applicant’s house at Gwarimpa, Abuja on 14th October 2020 by the 2nd -5th Respondents all officers of the 6th Respondent at the instance of the 1st Respondent without a court order, is illegal, unconstitutional and a derogation of the Applicant’s right to own property as guaranteed by sections 43 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“a declaration that given the circumstances of this case, no reasonable ground exist for the continued detention of the Applicant by the 2nd to 5th Respondents all officers of the 6th Respondents at the instance of the 1st Respondent, the Applicant having fulfilled bail conditions on Friday, 16th October, 2020 is seeking and order directing the Respondents to render an unreserved apology to the Applicant and have same published in two national dailies”.
The applicant is also seeking an order of perpetual injunction restraining the respondents from further searching of his house in relation to the facts and subject matter of this case.
He further seeks for a perpetual Injunction restraining the respondents from further arresting and detaining him in relation to the facts and subject matter of this case.
“An order of the Honourable court mandating the Respondents to return to the Applicant the properties seized from the Applicant’s house at Gwarimpa, Abuja on 14th October 2020, to wit: Nikon camera, Nokia 562 handset; cheque book, certificate of incorporation 0f GOAF Limited; Black briefcase containing sundry documents, and 12 copies of Power Steering magazine within 7days of the Order of this Court”.
Speaking with Peoplereporters Mr. Tom Counsel, Bar. Alex Oketa call for the urgent release of his client stressing that the document which police claimed authorised them to keep the journalist in detention was illegally procured and cannot be relied upon to continue to detain the journalist by any reasonable person.
“My client was not arraigned before any magistrate in Nasarawa state (note the underlined portion on the detention warrant falsely stating that my client was arraigned before the Magistrate), also the name on the detention warrant is not that of my client (my client sure name is Uhia and not OHIA as stated in the warrant)
“The warrant does not carry the name of magistrate who claimed to have signed the warrant, it was not duly filed, no case number, the detention warrant was purportedly issued by a Nasarawa State magistrate on the 27th October 2020 while a charge in respect of the same offence was filed by the same police and pending before Justice AB Mohammed of the FCT high Court Gudu.
“The law applicable in the FCT Abuja is the Administration of Criminal Justice Act 2015 whereas the law (even still being used upside down) by the police is the Criminal procedure Code (CPC) also even in Nasarawa where the warrant was in Masaka, such law was not in use.
“This is altra vires of the powers of the police and an abuse of power and process of court aimed at maliciously detaining our client indefinitely. We were told that the DIG Anthony Ogbizi is the uncle of Goddy Jeddy Agba and is determined, in connivance with Jeddy Agba to make our client’s health deteriorates eventually leading to his death in detention”.
