Court Restrains FG from Arresting Ojukwu
From Emmanuel Ugwu in Enugu
An Enugu high court has issued an order restraining the Federal Government and its security agencies, including the police and the State Security Services (SSS) from arresting the presidential candidate of the All Progressive Grand Alliance (APGA), Chief Chukwuemeka Odumegwu Ojukwu.
The court order dated September 22, 2004 followed sustained pressure on Ojukwu to honour an invitation by the SSS, which wants him to explain his public statements in support of the activities of the Movement for the Actualisation of the Sovereign State of Biafra (MASSOB).
Justice E.C. Ahanonu made the order "after hearing the submissions of the learned counsel for the applicant and carefully reading through the said affidavit and statement."
"It is herby ordered that leave be and is hereby granted to the applicant (Ojukwu) to apply by motion on notice for the enforcement of the fundamental rights as shown in the statement in support of this ex-parte application," the judge said.
He also granted Ojukwu leave to file application "for the enforcement of his alleged rights forthwith and for service upon the respondents."
Ojukwu had through his counsel, J.C. Okonkwo (SAN) applied for an ex-parte motion for leave to apply for the enforcement of his fundamental rights, supporting it with a 14-point affidavit and a statement showing the particulars of the reliefs he is seeking.
The order emanated from suit No. E/366/2004, which Ojukwu filed against the Federal Government following his face-off with the SSS.
Joined along with the Federal Government as respondents in the suit are the Attorney General of the Federation and Minister of Justice, Director General of SSS, and the Inspector General of Police.
In the motion on notice filed under Order 1 Rule 2 (1)(3) and 6 of the fundamental procedure Rules 1979 Ojukwu sought "a declaration that a threat to arrest him in his residence at 4 Isiuzo street Independent Layout, Enugu, his office or any other place within Nigeria by either the respondents or their agents "constitute an abuse of his rights as enshrined in Sections 34, 35 and 36 of the Constitution of the Federal Republic of Nigeria 1999."
He also sought a declaration "that bugging, blockage and/or in any manner tampering with his telephone lines and other telecommunication facilities "is a violation" of his constitutional rights and that "a threat to forcefully invade or break into his residence violates not only the Nigerian constitution but also the African Charter of the Human and Peoples Rights (Ratification and Enforcement) Act Cap 10 of the laws of the Federal Republic of Nigeria.
Finally he averred that the granting of his application for the enforcement of his fundamental rights "shall operate as a stay of all actions, or matters relating to, connected with the complaints" he had made.
Ojukwu averred that he was seeking the reliefs on the grounds of "spurious invitation to Abuja by the respondents, threat to invade and break into his residence as well as blocking, bugging and tampering with his telephone lines."
In the supporting affidavit Ojukwu stated "it has come to my knowledge that the respondents have concluded arrangements to invade my residence with a team of mobile policemen and officials of the Department of State Security Services to forcefully take me to Abuja."
"I have fears for the safety of my life, based on the incessant killings of politicians and public figures, which have remained unresolved, undetected and unsolved", he said, adding that he has of late been bombarded with anonymous telephone calls threatening his life.
The matter was adjourned to October 5, 2004 for hearing of the motion on notice.
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