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Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? - Politics - Nairaland

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Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? by Roger3D: 2:18pm On Nov 11, 2018
So far Peter Obi's lame defense of what he and the DSS did during the 2014 Anambra elections has been that Elrufai had no business being in Anambra on that election day. Let's see what the 1999 constitution has to say about this:
;
Chapter 4. Section 41. Right to freedom of movement

1) Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom.

2) Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society-

Now going by Obi's logic, governor Elrufai can equally detain (albeit illegally) one hypothetical Amanbra indigene named Emeka living in Kaduna on election day on the grounds that he has no business being in Kaduna state on that said day. Luckily the courts put the matter to rest when the DSS were ordered to tender an apology to Elrufai in addition to paying him N2 million naira in damages for that infringement on his fundamental right to freedom movement
Re: Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? by Roger3D: 2:19pm On Nov 11, 2018
Unlawful detention: Court orders SSS to apologise to El-Rufai; awards him N2m in damages

The court, therefore, ordered the DSS to publish an apology in two national dailies for the unlawful and unconstitutional violation of his liberty.

In addition to the apology and monetary damages, the court also made significant pronouncements regarding the restriction of movement during elections.

The court declared that the respondents have no powers under the Constitution of the Federal Republic of Nigeria 1999 or under any Nigerian law to either impose a general restriction on movement or restrict the applicant’s constitutional right of freedom of movement as enshrined in Section 34 of the Constitution of the Federal Republic of Nigeria 1999 on account of the Anambra State Gubernatorial election that took place on the 16th day of November, 2013 or any other election.

This decision has massive implications for the way government agencies routinely attempt to restrict movement of persons, especially during elections.

The court also granted other prayers sought by Mr. El-Rufai, including:

“A DECLARATION that the detention of the Applicant, Mallam Nasir El-rufai, OFR, without charge, at the premises of Finotel Hotel, Akwa, Anambra State, between the 15th day of November, 2013 and 16th day of November, 2013, by agents of the 1st Respondent, (SSS) or officers, servants, privies of the Respondents and/or of the Federal Government of Nigeria, constitute a gross violation of the Applicant right to personal liberty and freedom of movement respectively guaranteed under sections 35 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 is therefore unconstitutional and illegal.

“A DECLARATION that the unlawful deprivation of the Applicant, Mallam Nasir El-Rufai, OFR, from granting/continued granting of interview with an AIT Correspondence, Mr. Obiorah Iloh and other mass media representatives within the premises of Finotel Hotel, Akwa, Anambra State, at about 2pm of 16th day of November, 2013 by agents of the 1st Respondent, (SSS) or officers, servants, privies of the Respondents and/or of the Federal Government of Nigeria, constitute a gross violation of the Applicant’s freedom of expression guaranteed under section 39 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and Article 9(2) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004, and is accordingly unlawful unconstitutional and illegal.

“A DECLARATION that the detention of the Applicant at the premises of Finotel Hotel, Akwa, Anambra State, without charge, on the 15th day of November, 2013 to the 16th day of November, 2013, by agents of the 1st Respondent, (SSS) or officers, servants, agents, privies of the Respondents and/or of the Federal Government of Nigeria with a view to denying the Applicant, Deputy National Secretary and Member/Secretary Electoral Committee, of All Progressives Congress Anambra Governorship Election, 2013, freedom to associates with fellow members of the said All Progressives Congress, at Akwa, Anambra State, is a violation of the Applicant’s Right to Peaceful Assembly and Association guaranteed under section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and Articles 10(1) and 11 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004, and is accordingly unconstitutional and illegal.

“A DECLARATION that the restriction and prevention of the Applicant from moving out of his room in Finotel Hotel wherein he lodged at Awka in Anambra State to monitor the 16th November, 2013 Anambra State Gubernatorial Election by the Agents of the Respondents, Officers, Servants, Agents or Privies constitutes a gross violation of the Applicant’s constitutional right of freedom of movement as enshrined in section 41 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended).

“A DECLARATION that the restriction and prevention of the Applicant from moving out of his room in Finotel Hotel wherein he lodged at Awka in Anambra State to observe congregation prayers (salat) on the 16th November, 2013 by the Agents of the Respondents, Officers, Servants, Agents or Privies constitutes a gross violation of the Applicant’s constitutional right of freedom of Religion as enshrined in section 38 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended).

“A DECLARATION that the Respondents have no powers under the Constitution of the Federal Republic of Nigeria 1999 (As Amended) or under any Nigerian Law to either impose a general restriction on movement or restrict the Applicant’s constitutional right of freedom of movement as enshrined in Section 34 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) on account of the Anambra State Gubernatorial election that took place on the 16th day of November, 2013 or any other election.

“A DECLARATION that the 1st Respondent has no statutory powers under the Constitution of the Federal Republic of Nigeria 1999 (As Amended) or under any Nigerian Law to detain the Applicant without showing cause to a Court of competent jurisdiction.

“AN INJUNCTION restraining the Respondents, whether by themselves or by their officers, agents, servants, privies, or otherwise howsoever from further detaining or in any other manner infringing on the fundamental rights of the Applicant.

“AN ORDER for the award of compensation/damages to the Applicant, in the sum of N2,000,000.00 (Two Million Naira only) for the unlawful and unconstitutional detention/violation of his right to personal liberty, freedom of movement, freedom of association and expression.

“AN ORDER directing the Respondents to publish apologies to the Applicant in two (2) National Dailies, for the unlawful and unconstitutional detention/violation of his right to personal liberty, freedom of movement, freedom of religion, freedom of association and expression guaranteed under the Constitution of Federal Republic of Nigeria, 1999 (As Amended) and Articles 6, 9(2), 10(1), 11 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”.


http://dailypost.ng/2014/09/29/unlawful-detention-court-orders-sss-apologise-el-rufai-awards-n2m-damages/
Re: Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? by mekaboy(m): 2:21pm On Nov 11, 2018
Do they have the right to keep dasuki?

3 Likes

Re: Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? by Holumhidey(m): 2:24pm On Nov 11, 2018
please does this look familiar- PLEASE DO NOT MAKE RACIST OR TRIBALISTIC COMMENTS ON THIS SECTION. i know the person below me will not listen....
Re: Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? by Tallesty1(m): 2:28pm On Nov 11, 2018
Roger3D:
So far Peter Obi's lame defense of what he and the DSS did during the 2014 Anambra elections has been that Elrufai had no business being in Anambra on that election day. Let's see what the 1999 constitution has to say about this:
;
Chapter 4. Section 41. Right to freedom of movement

1) Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom.

2) Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society-

Now going by Obi's logic, governor Elrufai can equally detain (albeit illegally) one hypothetical Amanbra indigene named Emeka living in Kaduna on election day on the grounds that he has no business being in Kaduna state on that said day. Luckily the courts put the matter to rest when the DSS were ordered to tender an apology to Elrufai in addition to paying him N2 million naira in damages for that infringement on his fundamental right to freedom movement

They don't just detain Emekas on election day up North, they kill them and that's why they usually head days before the election.

2 Likes

Re: Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? by Roger3D: 2:31pm On Nov 11, 2018
Tallesty1:
They don't just detain Emekas on election day up North, they kill them and that's why they usually head days before the election.
That's besides the point. Stick to the objective of the thread
Re: Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? by Roger3D: 2:32pm On Nov 11, 2018
mekaboy:
Do they have the right to keep dasuki?

Wrong answer. You can go and open a thread about Dasuki in your spare time, but in the meantime adress the issue I raised

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Re: Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? by Tallesty1(m): 2:35pm On Nov 11, 2018
Roger3D:
That's besides the point. Stick to the objective of the thread
It's clearly on point, unless of course you don't know the point you're trying to make
Re: Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? by nzeobi(m): 2:36pm On Nov 11, 2018
is DSS answerable to Peter Obi ?.
let those who wish to vote APC go ahead instead of looking for who to bring down to their level.

1 Like

Re: Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? by bedspread: 2:45pm On Nov 11, 2018
Elrufai had no business being in Anambra state on Election Day...

Movement on Election days are usually not allowed...

Talkless of a Public figure who is
not A Registered voter in the state

he is not an Election official

He is not a security official

What Else is he doing there if it's not to Forment Trouble!
He is a Security Risk in the State..

And we have seen the same Scneario playing out in Ekiti and Osun state..

Elrufai a sitting governor being in another state on Election Day.. it's ungodly, it's immoral, it's a call for Anarchy!!

The Governor as the chief Security officer of the State has every Right to detain a man who is a security Risk on Election day

2 Likes

Re: Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? by Roger3D: 2:52pm On Nov 11, 2018
bedspread:
Elrufai had no business being in Anambra state on Election Day...

Movement on Election days are usually not allowed...

Talkless of a Public figure who is
not A Registered voter in the state

he is not an Election official

He is not a security official

What Else is he doing there if it's not to Forment Trouble!
He is a Security Risk in the State..

And we have seen the same Scneario playing out in Ekiti and Osun state..

Elrufai a sitting governor being in another state on Election Day.. it's ungodly, it's immoral, it's a call for Anarchy!!

The Governor as the chief Security officer of the State has every Right to detain a man who is a security Risk on Election day
Oga the courts think otherwise

The court also granted other prayers sought by Mr. El-Rufai, including:

“A DECLARATION that the restriction and prevention of the Applicant from moving out of his room in Finotel Hotel wherein he lodged at Awka in Anambra State to monitor the 16th November, 2013 Anambra State Gubernatorial Election by the Agents of the Respondents, Officers, Servants, Agents or Privies constitutes a gross violation of the Applicant’s constitutional right of freedom of movement as enshrined in section 41 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended).
Re: Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? by nsukkaboi: 2:54pm On Nov 11, 2018
federal govt controls the military, police and dss
Re: Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? by bedspread: 3:26pm On Nov 11, 2018
Mid1lane:
This is what I tell hopeless bigots from the erosion eroded apu caliphate. There is no bigger bigots than the IGBOS in Nigeria. You can see all the bigoted Igbos that have commented never said a thing about what Obiano the bigot said being wrong but let another Nigerian not Igbo tru it n the world would have crumbled.

The only valid point here is that Igbos are the biggest bigots in Nigeria claim what you may. I am yet to see an Igbo that is not a bigot.

but hate filled bigoted Igbos like yourself should be allowed room to make foolish n hopeless comment about other elections in Nigeria ba ?
How does making a comment relate to Elrufai being in Anambra on Election Day?

I see u are these ones that has nothing but insults .. All your Insults Heap on u bro...

If u cannot discuss issues without insults then I advise u to keep shut
Re: Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? by Roger3D: 3:53pm On Nov 11, 2018
bedspread:
How does making a comment relate to Elrufai being in Anambra on Election Day?

I see u are these ones that has nothing but insults .. All your Insults Heap on u bro...

If u cannot discuss issues without insults then I advise u to keep shut
Every Nigerian citizen has then right to be in any part of the country any day he pleases
Re: Did Peter Obi And The DSS Have The Right To Detain Elrufai Back In 2014? by Almaiga: 4:17pm On Nov 11, 2018
Peter Obi has bargained more than he can chew. The tribal bigot has not been able to defend himself since El-Rufai revealed what transpired in Anambara in 2014.

1 Like

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