A Federal High Court sitting in Abuja has ordered Governor Yahaya Bello to pay Alhaji Murtala Yakubu Ajaka the sum of N500 million for the violation of his fundamental rights.
Ajaka was the candidate of the Social Democratic Party (SDP) in the November 11, 2023 governorship election.
Justice Inyang Ekwo gave the order on Thursday while delivering judgment in Suit No. FHC/ABJ/CS/952/2923 between Ajaka as Applicant and Governor Bello and others in a matter of human rights enforcement application.
The Court also ordered Governor Bello to tender a public apology to Ajaka, which must be published/aired in print and electronic media.
Justice Ekwo on September 25 reserved judgment in the matter after Ajaka’s counsel, Mr S.E. Aruwa, SAN, and lawyer for the governor, A.M. Adoyi, and other lawyers representing respondents in the suit, adopted their processes in support and against the suit.
Earlier, Adoyi told the court that a preliminary objection with a written address was filed on Governor Bello’s behalf on July 19.
Besides, the lawyer, who said a counter-affidavit was also filed, urged the court to strike out the suit for want of jurisdiction.
But Aruwa said their application was dated and filed on July 11. He said a reply on points of law and a further affidavit was also filed in response to Bello and others’ processes in urging the court to grant their reliefs.
Ajaka, in the fundamental rights enforcement suit, had sought protection from the court over an alleged plan to arrest him.
The SDP candidate, who insisted that his life was in danger, 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, and freedom of movement, among others.
He anchored the suit on Sections 33, 34, 35, 36, 37, 38, 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 (I-G) of Police, the Commissioner of Police (Kogi), the Department of State Services (DSS) as well as its Director General, were listed as 2nd to 6th respondents.
Other respondents are the Director of DSS (Kogi), the Commandant-General (C-G) of the Nigeria Security & Civil Defence Corps, the Chief of Defence Staff, the Chief of Army Staff, and the Chief of Naval Staff.
Justice Ekwo on July 13 restrained the defendants from arresting Ajaka after Aruwa moved an ex parte motion to the effect.
In his ruling, the judge 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.”
However, ruling on the substantive suit on Thursday, the Court held that the 1st to the 7th Respondents violated the Fundamental Rights of Ajaka, particularly as it relates to Yahaya Bello’s led and supervised attempt on the life of Ajaka on June 3, 2023, while on his way to Lokoja.
The Court, however, absolved the 8th to 11th Respondents of any responsibilities.
The Court restrained all the Respondents in the Suit from inviting, arresting and detaining Ajaka.
The Court awarded the sum of Five Hundred Million Naira in damages/compensation against Governor Yahaha Bello (1st Respondent) for the violation of Ajaka’s Fundamental Rights and a public apology to Ajaka.
Realwan Okpanachi, who represented the Applicant (Alh. Murtala Yakubu Ajaka) told SaharaReporters shortly after the judgement that the Court in its judgement strongly condemned the action and conduct of Governor Bello.
He commended the ruling, describing it as a landmark judgment.
