The Federal High Court Abuja, presided over by Hon Justice I.E Ekwo, has granted restraining orders against the Government of Ebonyi State, Commissioner of Police Ebonyi State, the Inspector General of Police, Barr Cletus Ofoke,(Attorney General of Ebonyi State), Barr Uchenna Orji(Commissioner for information and State Orientation Ebonyi State, Stanley Okoro Emegha(Ebonyi State Security Consultant) and Panchrist Ikechukwu Eze(SA to the Governor of Ebonyi State on Internal Security).
The order was made pursuant to a motion ex parte filed by Nkemakolam Okoro Esq, lawyer to Linus Okorie, a former reps member and chieftain of the Peoples Democratic Party.
Okorie had approached the Federal High Court seeking the following reliefs in the originating motion:
1. A DECLARATION that the public pronouncement and indictment of the Applicant, a Chartered Accountant, member of the House of Representative between 2011-2019, and a high profile politician in Ebonyi State, as a wanted person,pursuant to an alleged resolution made in the Ebonyi State Security Council meeting, held on the 25th of January 2020, in Abakiliki, and the subsequent directives for his arrest and detention, by the 5th,6th , 7th , 8th and 9th Respondents, over an alleged and undisclosed opinions, purportedly expressed on the Applicant’s Facebook page, without first hearing from the Applicant, and affording him an opportunity to defend himself, amount to a flagrant breach or is likely to breach the fundamental rights of the Applicant to fair hearing under Articles 7(1,b&c) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9 Laws of the Federation of Nigeria, 2004, and are therefore unconstitutional, unlawful, illegal, wrongful and amount to flagrant abuse of the fundamental rights of the Applicant.
2. A DECLARATION that the attempt to arrest and detain the Applicant indefinitely by the 1st ,2nd and 3rd Respondents, at the behest of the 5th, 6th ,7th , 8th and 9th Respondents, acting on the immediate instructions of the Governor of Ebonyi State, David Umahi,pursuant to a resolution of the Security Council of Ebonyi State, in a meeting held on the 25th of Janaury 2022, over an alleged and undisclosed opinions, purportedly expressed on his Facebook page, without a warrant of arrest, or any form of invitation, first to the Applicant, amount to a breach or is likely to breach the fundamental rights of the Applicant as provided for in sections 35(1) and 41, of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 6,and 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9 Laws of the Federation of Nigeria, 2004, and are therefore unconstitutional, unlawful, illegal, wrongful and amount to flagrant abuse of the fundamental rights of the Applicant.
3. A DECLARATION that the harassment, molestation, dehumanizing treatments and the consequential psychological torture and emotional trauma, inflicted on the Applicant, by the 5th ,6th , 7th , 8th and 9th Respondents, acting on the immediate instructions of the Governor of Ebonyi State, David Umahi, pursuant to a resolution of the Security Council of Ebonyi State, in a meeting held on the 25th of January 2022 over alleged and undisclosed opinions, purportedly expressed on his Facebook page, is a breach or is likely to breach the fundamental rights of the Applicant as provided for in sections 34(1a) of the Constitution of the Federal Republic of Nigeria, 1999, as amended and Article 5 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9 Laws of the Federation of Nigeria, 2004.
4. A DECLARATION that the threat to the life of the Applicant, by the 5th , 6th , 7th , 8th and 9th Respondents, using the Ebubeagu in Ebonyi State, and acting on the immediate instructions of the Governor of Ebonyi State, David Umahi, pursuant to a resolution of the Security Council of Ebonyi State, in a meeting held on the 25th of January 2022 over alleged and undisclosed opinions, purportedly expressed on the Applicant’s Facebook page, is a breach or is likely to breach the fundamental rights of the Applicant as provided for in sections 33, of the Constitution of the Federal Republic of Nigeria, 1999, as amended and Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9 Laws of the Federation of Nigeria, 2004.
5. A DECLARATION, that the Applicant is entitled to be presumed innocent until his guilt is proven beyond all reasonable doubt by a court of competent jurisdiction, and also entitled to be heard, before the pronouncement by the 5th -9th Respondents, pursuant to a resolution of the Security Council of Ebonyi State, in a meeting held on the 25th of January 2022, by which the Applicant was declared wanted, over alleged and undisclosed opinions, purportedly expressed on his Facebook page.
6. AN ORDER of this Honourable Court, nullifying, invalidating and setting aside, in its entirety, the resolutions of the State Security Council Meeting, of the 25th day of January 2022, especially the orders and directives of the 5th -9th Respondents, by which the Applicant was indicted and declared wanted contrary to the provisions of Article 7(b&c) on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9 Laws of the Federation of Nigeria, 2004.
7. AN ORDER OF THIS HONOURABLE COURT restraining the 1st -3rd Respondents, either by themselves, their agents, privies or whosoever, from further threatening to arrest, detain or from arresting and detaining the Applicant on the basis of the facts and circumstance of this case.
8. AN ORDER OF THIS HONOURABLE COURT restraining the 5th , 6th ,7th ,8th and 9th Respondents, either by themselves, their agents, privies or whosoever from taking any further steps whatsoever to incriminate, malign, and consequently dehumanize and inflict psychological torture and trauma on the Applicant, with respect to the facts and circumstances of this case.
9. AN ORDER OF THIS HONOURABLE COURT restraining the 5th , 6th ,7th ,8th and 9th Respondents , either by themselves, their agents, privies or whosoever, and from using the Southeast Security Network, known as Ebubeagu, to arrest, threaten to arrest, detain, or threaten to detain, kill or threaten to kill the Applicant herein in respect of the facts and circumstances of this matter.
10. AN ORDER OF THIS HONOURABLE COURT restraining the Respondents especially the 5th -9th Respondents, either by themselves, their agents, privies or whosoever from taking any further steps whatsoever to intimidate, harass or threaten the life of the Applicant.
11. AN ORDER of this Honourable Court directing the 5th , 6th , 7th , 8th and 9th Respondents, jointly and severally, to pay to the Applicant the sum of One Billion Naira(N1,000,000,000.00) for the unjustified, callous, reprehensible, and wanton breach and threats to breach the fundamental rights of the Applicant.
12. AN ORDER of this Honourable Court directing the 5th , 6th , 7th , 8th and 9th Respondents, jointly and severally to pay a cost of Ten Million Naira(N10,000,000.00) to the Applicant, representing the cost for this action.
13. Interest on the entire judgment sum, commencing from the date of delivery of judgment in this matter, till the entire judgment sum is fully liquidated.
14. AN ORDER of this Honourable Court directing the 5th -9th Respondents to publish an unreserved apology to the person of the Applicant in at least two national dailies, namely; Thisday Newspapers and Daily Sun Newspapers.
15. AND FOR SUCH FURTHER OR OTHER ORDERS as the Honourable Court may deem fit to make in the circumstance.
In the Affidavit in support of the application deposed to by Hon Linus Okorie, he stated as follows, among other depositions:
1. That I know as a matter of fact that Governor of Ebonyi State, David Umahi, defected from the Peoples Democracy (PDP) to the ruling All Progressives Congress (APC) sometime in 2020.
2. That the Governor of Ebonyi State, failed to convince any high-profile politician, in Ebonyi State, including my humble self, to join him to APC, from PDP, consequent upon which the governor, decided to use the state powers, to intimidate and harass members of the Peoples Democratic Party, into submission and subjugation.
3. That the governor, in apparent desperation to retain power and relevance, in Ebonyi State, has turned into a tyrant, oppressing and tormenting the good people of Ebonyi State, who all voted him into power, using the 5th -9th Respondents.
4. That the governor of Ebonyi State, in his further quest to remain politically relevant in Ebonyi State, given his now lowest approval rating in the state, rushed and established the Southeast Security Network, also known as Ebubeagu, without the relevant modus operandi approved by the southeast governors’ forum.
5. That the governor of Ebonyi State, David Umahi, in his bid to silence all opposition in the state, and remain an overlord, turned the Ebubeagu, into his political tool for tormenting, intimidating, humiliating and perpetually subjugating the people of the state and political opponents.
6. That I know as a matter of fact that social media is awash with gory pictures, videos and reports of the killings, attacks, maiming, torture and intimidation perpetrated by the Ebubeagu, used by the governor to silence all dissenting voices in Ebonyi State. Some of these pictures, reports, and video clips in a CD plate showing the killings and torture, are attached herewith as Exhibit 1.
7. That I know, as a matter of fact, that concerned indigenes of Ebonyi State, have cried out to the relevant authorities, for intervention given the spate of politically motivated killings in Ebonyi State. Some of the documents showing the expression of concern by indigenes of Ebonyi State, over the killings in the state are attached herewith and collectively marked as Exhibit 2.
8. That recently, this situation was brought to the fore of the National Assembly, specifically, the House of Representatives. A communique issued by Members from Ebonyi State, in this regard is attached as Exhibit 3.
9. That House of Representatives also passed a resolution in this regard. Print out of the report showing the resolution is attached as Exhibit 4.
10. That in addition to using Ebubeagu to torment members of the opposition political parties in the state and the entire indigenes of Ebonyi at large, the governor had also clandestinely passed Ebonyi State Cyber Crime (Prohibition) Law, by which he criminalized every form of counter opinion, to his dictatorial proclivity in government, in Ebonyi State.
11. By the said secretly passed Cyber Crime Law of Ebonyi State, which is not accessible to the public at large, just like several other laws passed by the State House of Assembly, including the law establishing the dreaded Ebubeagu, the governor of Ebonyi State, who has now turned himself into a full-blown dictator, has remanded several sons and daughters of Ebonyi State in correctional centres, for expressing their displeasure or opinions, over his dictatorial tendencies in government on social media or anywhere else in Ebonyi State.
12. That consequent upon this state of affairs, several indigenes of Ebonyi State, both abroad, and within the shores of the Federal Republic of Nigeria, have expressed their displeasure and disappointment with the person of the Governor of Ebonyi State, which expression had attracted the ire of the governor of Ebonyi State, who immediately declares such individuals not directly within the reach of 5th -9th Respondents, as wanted.
13. That the 6th and 7th Respondents, addressed a joint press conference, in Abakiliki, after an alleged State Security Council meeting on the 25th of January 2022, where, the said Security Council, resolved to declare me wanted for an alleged, unknown and undisclosed publication and ”incisive statements some of which were posted on Facebook that was traced to be part of the inflammatory publications that incited that very tension that led to the beheading of Ebubeagu official.” Print out of online publications of the said press conference and a video clip thereof on a CD Plate are attached herewith and collectively marked as Exhibit 5.
14. That I have never had any criminal record anywhere in Nigeria. That I was never invited by any security agency in Nigeria, in respect of the alleged, unknown and undisclosed Facebook “incisive” post for which the 5th -9th Respondents declared me wanted.
15. That I know as a matter of fact that I never made any “incisive” post anywhere including on Facebook.
16. That I also immediately issued a statement wherein I clearly stated, the facts as they ought to be and denied the allegations against my person. A printout of this statement is attached herewith as Exhibit 6.
17. That I know as a matter of fact that the 5th -9th Respondents did not disclose the alleged incisive Facebook post for which they declared me wanted.
18. That I know as a matter of fact, that the Commissioner of Police Ebonyi State, is a member of the State Security Council, and ought to be in the said State Security Council meeting of the 25th of January 2022.
19. That I know as a matter of fact that no invitation was extended to me, either orally or in writing by the said Commissioner of Police, Ebonyi State before I was declared wanted.
20. That I also know as a matter of fact, that it is not within the powers of the 5th -9th Respondents to declare me wanted in the Federal Republic of Nigeria.
21. That I know as a matter of fact, that it is not within the powers of the State Security Council meeting to investigate any alleged commission of a crime and or to declare a responsible and innocent indigene of Ebonyi State, wanted without a proper invitation, and investigation by the Nigeria Police.
22. That I know as a matter of fact that it lies within the powers of the Nigeria Police to investigate any alleged commission offence in Nigeria and invite such individuals against whom a crime is alleged to have been committed.
23. That no report of any allegation of commission of any crime, was made against my person to any of the 1st ,2nd or 3rd Defendants prior to the pronouncement declaring me wanted.
24. That I know as a matter of fact that the
5th -9th Respondents, emerged from the security meeting held on the 25th of January 2022, and spontaneously held a press conference, wherein I was indicted, and declared wanted.
16. That I know as a matter of fact, that my indictment and subsequent declaration as a wanted person by the 5th -6th Respondents, breached my fundamental rights to presumption of innocence as provided for in Article 7(b&c) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9 Laws of the Federation of Nigeria, 2004.
17. That I know as a matter of fact that it is only a court of law that can conclusive indict my person hearing me in a trial conducted in line with the principles of fair hearing.
18. That I know as a matter of fact that I have not been charged before any court of law in Nigeria for infraction of any provisions of the law.
19. That I am not standing trial in any court of law, in respect of any allegation of commission of a crime.
20. That I know as a matter of fact that I am entitled to be presumed innocent.
21. That I know as a matter of fact, that by the conduct of the Respondents, I was indicted and declared wanted without being heard.
22. That I know as a matter of fact that I am entitled to the presumption of innocence, which can only be revoked by a pronouncement of a court of competent jurisdiction.
25. That the actions of the 5th -9th Defendants were humiliating and degrading given my status in society especially in Ebonyi State.
26. That I have suffered emotional and psychological torture as a result of the actions of the Respondents.
27. That I know as a matter of fact that immediately the 6th and 7th Defendants, declared me wanted, a team of heavily armed men, believed to be operatives of the dreaded Ebubeagu, in Ebonyi State, besieged my residence in Abakaliki, desperately seeking to arrest, torture, maim, detain and possibly kill me, on the instructions of the 5th -9th Respondents.
The presiding Judge, after granting the restraining orders, adjourned the matter to the 21st of February 2022 for the hearing of the Motion on Notice.
The trial court also directed that the Respondents be served within 5 days.
There are myriads of cases, all bordering on the infringement of fundamental rights of high profile politicians in Ebonyi State, by the government of the state. These matters are yet to be concluded.
