http://www.thenationonlineng.net/2011/index.php/news/24678-23-acn-members-sue-ig-for-n15b-over-arrest.html
By Joseph Jibueze
Twenty-three members and leaders of the Action Congress of Nigeria (ACN) have sued the Inspector-General of Police, Hafiz Ringim at the Federal High Court, Lokoja, for N15 billion for allegedly preventing them from entering the Federal Capital Territory (FCT), Abuja.
They said the restriction of their freedom of movement on September 21 and on October 25 and 26 this year is unconstitutional, illegal, and null and void.
According to them, it is a violation of their rights as guaranteed by Section 41 of the 1999 Constitution (as amended) and Article 12 (1) of the African Charter on Human and Peoples’ Rights.
They filed two suits through their counsel, Kunle Adegoke of M. A. Banire & Associates. Ringim is the respondent in both.
The first has the following applicants: Hon. Rasaq Oyesegun Folami, Omotosho Oluwaseyi, Olanrewaju Savage, Kolapo Olatunji, Theophilus Femi Kolawole, Olawale Aina and Hakeem Subair.
Others are Babajide Alli-Balogun, Yakub Akilagun and Lukman Subair, Omoniyi Olayemi, Hon. Babatunde Abodunrin, Hon. Ayo Adesanya, Segun Desalu, Hon. Babatunde Lawson, Azuka Igbue and Lawal Yusuf.
They are asking for a N10 billion compensation from Ringim.
The second suit has Prince Benson Adekunle, Jimoh Olatunde Olayemi, Prince Akin Omolaoye, Ayo Laloye, Oyedeji Abayomi and Rabiu Yekeen as applicants.
They prayed for N5billion compensation from the respondent
The applicants sought a declaration that the act of police, led by Ringim in holding them hostage for hours under harsh weather conditions without any lawful or justified basis is unconstitutional, and, therefore, illegal.
They asked the court to hold that police officers restricting their freedom of movement and preventing them from entering the FCT on account of their membership of the ACN is in gross violation of their right to freedom from discrimination.
The applicants prayed the court for an order restraining Ringim, whether by himself, servants, agents and/or persons acting for or on his behalf from further tampering with, violating or otherwise infringing their rights.
The N10 billion compensation, they said, is for the alleged gross violation of their rights to freedom of movement, right to dignity of human persons and right to freedom from discrimination.
Besides, they argue that there is no provision in the Constitution or any law enacted by the National Assembly restricting their rights to enter or exit the FCT, Abuja or any other part of the federation.
The first group was turned back on their way to Abuja to witness the Code of Conduct Bureau arraignment proceedings of their leader Asiwaju Bola Ahmed Tinubu, while the second group was on their way to attend a meeting at the party’s national secretariat, Abuja.
In an affidavit in support of the fundamental rights enforcement application, Kolawole said the police officers who stopped them claimed that Ringim gave the order.
“As we displayed the ACN banner on our buses, the officials of the respondent were able to identify us and frustrate all efforts to proceed further on our journey and/or enter the FCT.
“All the applicants, numerous ACN members and I were kept by the officials of the respondent under harsh weather conditions, mosquito bites and constant threat of being shot at throughout the night until the following morning.”At about 7.00 am on Wednesday, the 21st day of September, 2011, the policemen ordered us back onto the road, commanded us to enter our various vehicles and with an escort in front and another at the back of our convoy, we were led out of Lokoja back to Okene in Kogi State and told to go back to Lagos and never to attempt to return to Abuja again.”
In an affidavit in support of the second application, Olayemi, a member of the Osun State ACN Executive Council, said the police officers insisted they must return to Osun State as they had Ringim’s instruction not to let ACN members enter Abuja.
“We were kept in the bush and we all had to pass the night there at the mercy of mosquitoes,” he said.
The applicants urged the court to determine whether their prevention from entering Abuja is in any way lawful and justifiable in any democratic society, and whether Ringim should be excluded from liability.
The suits, filed on October 28, are yet to be heard.
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