Maxwell Opara who is one of the lawyers defending the leader of the proscribed Indegenious People of Biafra (IPOB), Nnamdi Kanu, has slammed a N50million suit against the Director General of the Department of State Services (DSS), and the DSS over an alleged violation of his fundamental human rights.
The counsel, in the suit marked FHC/ABJ/CS/1018/2021, filed before the Federal High Court Abuja on Monday is praying the court to award him the N50million as compensation for the infringement of his fundamental rights to dignity and human person.
Opara a human rights lawyer is also praying the court for an order of perpetual injunction restraining the two Defendants and their representatives from further disturbing or interfering with his rights to dignity of human person, liberty and freedom of movement by any further harassment, intimidation and humiliation during his routine visit to their detention facility to see his client or in any way infringing on his constitutional right as guaranteed by the law.
Besides, the human rights activist is equally demanding a written apology by the Respondents to be published in two national daily Newspapers for the unwarranted infringement of his fundamental rights.
He further prayed for an order directing the Respondents to jointly and severally, pay for the cause of the action.
The lawyer stated in 34 paragraphs affidavit in support of his suit that on August 30, when he visited DSS facility where Kanu is being held to get his brief, “operatives removed his eyeglasses, even though I pleaded with them that it is medicated and my doctors instructed that I wear it always, but it was removed by force and for the whole 3 hours spent in the facility I was without my eyeglasses.”
They further force me to remove my belt, wherewith my trouser fell off and they laughed at me saying that ” he does not even have waist” . “They also removed my “jacket and shoes too.”
Among other reliefs the Applicant is seeking from the court include, ” A declaration that the Respondents whilst in the execution of their duties must respect the fundamental rights of citizens and accordingly abide by the provisions of Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria as amended and the provisions of the Africa Charter on Human and Peoples Rights (Ratification and Enforcement) Act.
“A declaration that the actions of the men, operatives and officers under the command commission of the Respondents on the 30th of August, 2021 during the Applicant’s visit to see his client in their detention facility, wherefore they commandeered the Applicant to a particular room within their facility; for purposes of alleged bodily search, wherein they forced him to remove his medicated eye-glasses, wedding ring, belt, jacket and shoes and accordingly left him shabbily dressed, harassed, intimidated and humiliated, amounts to a gross violation of the Applicant’s right to dignity of human person as guaranteed under Sections 34 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 5 of the African Charter on Human and People Rights (Ratification and enforcement) Act Cap A9 Vol. 1 LFN.
“A declaration that the actions of the men, operatives and officers under the command/commission of the Respondents on the 30th of August, 2021 during the Applicant’s visit to see his client in their detention facility, wherefore they commandeered the Applicant to a particular room within their facility; for purposes of alleged bodily search, wherein they forcibly removed his belt, medicated eye-glasses, wedding ring, jacket and shoes, and subjected him to the humiliation of holding his trousers with his hands, wearing a bathroom slippers meant for awaiting trial inmates and exposed to Air Conditioner inflicted cold for 3 hours, amounts to a gross violation of the Applicant’s right to dignity of human person as guaranteed under Sections 34 of the Constitution of the Federal Republic_ of Nigeria 1999 (as amended) and Article 5 of the African Charter on Human and People Rights (Ratification and enforcement) Act Cap A9 Vol. 1 LFN”.
Meanwhile, no date has been fixed for hearing of the suit