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Ojukwu: SSS challenges court’s
jurisdiction
NKIRU OKEKE, Enugu
FACE-off
between Ikemba Nnewi, Dim Chukwuemeka Odumegwu-Ojukwu and the State
Security Services (SSS) may linger as the security outfit yesterday filed a
notice of preliminary objection to Ojukwu’s suit seeking the enforcement of his
fundamental human rights.
The SSS, through its counsel, Prof. Taiwo
Osipitan (SAN), argued that the Enugu High Court where Ojukwu filed his suit,
was incompetent to handle the matter as all the respondents whose powers are
being challenged in the matter, are agencies, agents and bodies of the federal
government.
Justice Elvis Ahanonu, the presiding
judge, who also listened to submission by Ojukwu’s counsel, Mr Johnny Okonkwo
(SAN) that he was only served the SSS motion yesterday morning, consequently
adjourned the case to November 4th this year.
Ojukwu, the All Progressive Grand Alliance
(APGA) presidential flagbearer in the last elections, had dragged the SSS to the
court praying it to grant him leave to enforce his fundamental human rights.
He averred that a threat by the SSS to
arrest him constituted an abuse of his rights as enshrined in sections 34, 35
and 36 of the constitution.
The APGA chieftain had last month declined
to honour an SSS invitation to come to Abuja over his pronouncement on the
breakaway republic of Biafraa.
Ojukwu said the invitation was not
properly done and expressed fear for his safety.
Heading to court thereafter, the Ikemba
sought reliefs pertaining to enforcing his fundamental rights in the alleged
face of an impending invasion of his Enugu residence by security agents to
forcibly take him to Abuja. He supported the motion with a 14 paragraph
affidavit.
Respondents in the court are the
Attorney-General of the federation and Justice Minister, the Director-General of
the SSS, the Inspector General of Police and the Federal Republic of
Nigeria.
Prior to yesterday’s adjournment, Prof.
Osipitan had dismissed Ojukwu’s suit as hasty and premature.
Prof. Osipitan’s grounds of objections
were:
*That the declarations sought by the
applicant relate to interpretation of the constitution as it affects the federal
government, federal agencies/agents and bodies.
*That the applicant has no fundamental
rights under the 1999 constitution of the federal Republic of Nigeria against
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;
*That the application is not supported by
proper statement and verifying affidavit;
*That the application is hasty and
premature.
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