ENUGU—THE State Security Service (SSS) yesterday objected to Chief Chukwuemeka Odumegwu Ojukwu’s suit seeking to enforce his fundamental rights over his invitation by the agent, saying the ex-Biafran leader “has no fundamental rights under the 1999 Constitution of the Federal Republic of Nigeria against his invitation, arrest and interrogation by law enforcement agencies.”
Ojukwu and the SSS had been locked in a bitter rift over his verbal invitation to Abuja by the latter. In apparent move to forestall his arrest, the ex-Biafran leader had on September 22, 2004 gone to the Enugu High Court, seeking an order for the enforcement of his fundamental rights. The court presided over by Justice E. C. Ahanonu granted Ojukwu leave to enforce his fundamental rights, and fixed hearing on the motion for yesterday.
But at the resumed sitting of the court, counsel for the SSS, which is the second respondent in the matter, Professor Taiwo Osipitan, SAN, filed a notice of preliminary objection to Ojukwu’s motion on the ground that “the applicant’s action is incompetent and not within the jurisdiction of this hnourable curt to entertain, saying that the application should be dismissed.
He argued that respondents in the matter especially the SSS whose powers were being challenged were agencies, agents/and bodies of the Federal Government, adding that the declarations sought by the applicant related to interpretation of the constitution as it affected the Federal Government, federal agencies/agents and bodies.
The counsel contended that “the applicant (Ojukwu) has no fundamental rights under the 1999 Constitution of the Federal Republic of Nigeria against his invitation, arrest and interrogation by law enforcement agencies/agents. “That the reliefs sought by the applicant are declaratory and not for the enforcement of fundamental rights under the 1999 Constitution of the Federal Republic of Nigeria; the application is not supported by proper statement and verifying affidavit.”
He told the court that the entire application was “hasty and premature” and should, therefore, be dismissed.
Ojukwu’s counsel, Johnny Okonkwo, SAN said he was served the notice of preliminary objection only yesterday morning and sought for time to enable him reply accordingly.The presiding judge, Justice Elvis Ahanonu, however, adjourned the case to November 4, 2004 for hearing.
Ojukwu had in the suit instituted against the Attorney-General of the Federation and Minister of Justice; the Director General, State Security Service (SSS); the Inspector-General of Police; and the Federal Republic of Nigeria, prayed the court to declare that his invitation to Abuja and subsequent threat to arrest him as an abuse of his rights as enshrined in Sections 34, 35 and 36 of the 1999 constitution.
