A Federal High Court in Abuja deferred judgment on Monday in a petition filed by Alhaji Murtala Ajaka, the Social Democratic Party (SDP) candidate in the Kogi governorship election on November 11, against Governor Yahaya Bello and others over an alleged scheme to arrest him.
Justice Inyang Ekwo adjourned the case in a brief order after Ajaka’s counsel, Mr S.E. Aruwa, SAN, and the governor’s lawyer, A.M. Adoyi, and other lawyers representing respondents in the claim, adopted their processes in support and against the suit.
Earlier, Adoyi informed the court that on July 19, a preliminary objection with a written address was made on behalf of Gov. Bello.
Furthermore, the lawyer, who stated that a counter affidavit was also filed, urged the court to dismiss the claim for lack of jurisdiction.
However, Aruwa stated that their application was dated and filed on July 11. He stated that in response to Bello and others’ processes urging the court to grant their reliefs, a reply on points of law and a supplemental affidavit were also filed.
According to the News Agency of Nigeria (NAN), Ajaka requested judicial protection over an alleged plan to arrest him in the fundamental right enforcement petition marked: FHC/ABJ/CS/952/2023.
The SDP candidate, who claimed that his life was in danger, asked the court to uphold his fundamental rights to life, human dignity, personal liberty, fair hearing, freedom of expression and peaceful assembly, and freedom of movement, among other things.
Sections 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, and 43 of the 1999 Constitution, as amended, as well as 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.
In addition to Governor Bello, who was designated as the first respondent, the Nigeria Police Force, the Inspector-General (I-G) of Police, the Commissioner of Police (Kogi), the Department of State Services (DSS), and its Director General were included as the second through sixth respondents.
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 are among those who have responded.
According to NAN, Justice Ekwo barred the defendants from detaining Ajaka on July 13 after Aruwa filed an ex parte motion to that effect.
In his decision, the judge stated that he saw validity in the applicant’s ex-parte request and affidavit of urgency.
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.”