A popular Bayelsa Blogger, Mienpamo Onitsha Saint, has filed a suit at the Federal High Court, Abuja, to enforce his fundamental human rights following his ongoing detention by the police.
Onitsha, who is the publisher of the online news medium, Naija Live TV, was arrested in Yenagoa, Bayelsa State on October 10 and taken to the Force Headquarters by detectives from the Force Criminal Investigation Department (FCID) over some reports against the Interim Administrator, Presidential Amnesty Programme (PAP), Maj.-Gen. Barry Ndiomu.
Onitsha, who has been in detention since then, approached the court seeking an order for general damages in the sum of N300m for breaching his fundamental human rights contained in sections 35 and 36 of the 1999 Constitution of Nigeria as amended and Articles six and seven of the African Charter on Human and Peoples rights.
Respondents in the suit file by a legal firm, Terhemba Gbarsima and Associates, are the Inspector-General of Police (IGP), Force Criminal Investigation Department (FCID), NPF, National Cyber Crime Centre, DCP Uche Henry, Mr. Simiat Suleiman and CSP B A. Abdullahi.
Onitsha is seeking a declaration that his detention in the facilities of FCID Area 10, Garki, Abuja from October 11 till the day of filing the application was a violation of his right to dignity of his human person and right to personal liberty protected by Sections 34(1)(a) and 35(1) of the 1999 Constitution as amended and therefore unreasonable and unlawful.
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Others are: “A declaration that the Applicant’s fundamental human rights guaranteed under Sections 35(1), (4), (5), 36(1) and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 6 and 7 (1) of the African Charter on Peoples and Human Rights have been breached.
“An order of the honourable court compelling the respondents to return the personal belongings of the applicant, which is in their position.
“An order of perpetual injunction restraining the respondents, either acting by themselves or through their agents, officers, servants, privies or howsoever otherwise described, from further harassing, attempting to arrest or detain the applicant unlawfully in connection with the facts of the instant application”.
Part of the grounds for the reliefs said: “By unlawfully detaining the applicant beyond a period of one day where there is a court of competent jurisdiction within a radius of forty kilometers by the respondents on the 11th October 2023 after he was arrested on the 10th October 2023 without taking him to court before detaining him is a violation of the applicant’s fundamental human rights.
“The respondents have jointly and severally breached the Applicant’s fundamental rights to personal liberty, freedom of movement, and dignity of the human person as guaranteed under Sections 34(1)(a), Section 35, and Section 41(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“By breaching the applicant’s fundamental rights under Sections 34 (1)(a), 35 & Section 41(1) of the 1999 CFRN (as amended), the applicant is entitled to damages and compensation in accordance with the law.”