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September 06 (THEWILL) – Maxwell Opara, one of the lawyers for the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, took the Department of State Services (DSS) to the Federal High Court in Abuja for allegedly violating his Basic Human Rights.
He complained that when he visited Kanu in detention, DSS agents took him to a room in the facility and “forced him to take off his medical glasses, his wedding ring, his belt, his jacket and shoes, and therefore left it in poor condition â€.
In the case marked FHC / ABJ / CS / 1018/2021, Opara seeks compensation of 50 million naira for the violation of his right to human dignity.
Opara alleged that the DSS violated his rights during his routine visit to his client who was being held at the DSS premises.
Opara further said he had to put his pants in his hands, while officers gave him bathroom slippers for inmates awaiting trial.
As a result, he urged the tribunal to compel the DSS and its managing director to issue a written apology and publish it in two national dailies.
Opara is also seeking a perpetual injunction order prohibiting the DSS and its representatives from interfering with his right to human dignity and freedom of movement during his routine visit to his client.
He also requests “a declaration that the defendants, in the exercise of their functions, must respect the fundamental rights of citizens and, therefore, comply with the provisions of Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria as as amended and to the provisions of the African Charter on Human and Peoples’ Rights Act (ratification and application).
“A statement that the actions of the men, agents and officers under the defendants’ command commission on August 30, 2021 during the plaintiff’s visit to see his client in their detention center, therefore, they requisitioned the plaintiff in a particular room within their facility; for the purpose of an alleged body search, during which they forced him to remove his medicated glasses, wedding ring, belt, jacket and shoes and as a result left him in poor condition, harassed, intimidated and humiliated, constitutes a flagrant violation of the applicant’s right to human dignity as guaranteed by Articles 34 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 5 of the Charter Act African Human and Peoples’ Rights (ratification and implementation) Cap A9 Vol. 1 LFN.
“A statement that the actions of the men, agents and officers under the command / commission of the defendants on August 30, 2021 during the plaintiff’s visit to see his client in their detention center, therefore, they requisitioned the plaintiff in a particular room within their establishment; for the alleged body search, during which they forcibly removed his belt, medicated glasses, wedding ring, jacket and shoes, and subjected him to the humiliation of holding his pants with his hands, to wear bathroom slippers intended for detainees awaiting trial and exposed to a cold air conditioner for 3 hours, constitutes a flagrant violation of the applicant’s right to human dignity as guaranteed by the sections 34 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 5 of the African Charter Human and Peoples’ Rights Act (Ratification and Application) Cap A9 Vol. 1 LFN.
The director general of the DSS also joined the lawsuit.
No date has been set for the prosecution’s hearing.
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