Ibrahim Tenimu and Jemima Shehu, two Directors of Paz Oil Nigeria Ltd, have dragged the Inspector General of Police (IGP), Nigerian Police Force, Kwara State Police Commissioner and three others to court for alleged breach of their fundamental rights without following due process of the law.
Other respondents in the suit marked FHC/ABJ/CS/1278/2023, are Superintendent Sadiq Sule, Dr. Kamoru Yusuf and his company Kam Steel Integrated Ltd.
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Barrister Akintoye Balogun filed the fundamental rights enforcement suit at the Federal High Court Abuja, on behalf of the two Directors.
Specifically, the Plaintiffs in their processes before the court averred that the 5th Respondent, Dr. Kamoru Yusuf and his company, have allegedly been using the Police, particularly the State Intelligence Bureau (SIB) of Kwara State Command to intimidate, harass, witch hunt and oppress the directors of Paz Oil Nigeria Ltd as well as their family members.
The Directors are praying amongst other reliefs, “And an order directing the Respondents jointly and severally, to pay to the Applicants the sum of N10 billion only as exemplary damages for the wanton and grave violation of their fundamental rights, without following the due process of the law”.
They want a declaration that the serial acts of intimidation, incessant invitations and persistent threats by the 1st to 4th Respondents (the Police) to invite, witch-hunt, arrest, detain, embarrass and humiliate the Applicants herein, on the alleged prompting and instigation of the 5th Respondent (Dr. Kamoru Yusuf), amount to a violation of their fundamental rights as enshrined in sections 35, 37, 39, and 41 of the Constitution of the Federal Republic of Nigeria, 1999, as altered, and Articles 5, 6, 8, 9, 10, 12 & 14 of the African Charter on Human and Peoples’ Rights Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004.
More so, the Applicants are seeking a perpetual injunction restraining the Respondents from the continuous invitations, witch-hunting, arrest and attempts to arrest, detention, embarrassment and humiliation of the Applicants herein.
The Applicants in the suit, amongst other prayers are seeking a declaration, “that the serial acts of intimidation, incessant invitations and persistent threats by the 1st to 4th Respondents to invite, witch-hunt, arrest, detain, embarrass and humiliate the Applicants herein, on the prompting and instigation of the 5th Respondent, over civil transactions between the Applicants and the 5th and 6th Respondents is illegal, unlawful, wrongful, unconstitutional and constitute a blatant violation of the Applicant’s fundamental rights as enshrined in sections 35 to 37, 39, and 41 of the 1999 Constitution of the Federal Republic of Nigeria, as altered, and Articles 5, 6,8,9,10,12 & 14 of the African Charter on Human and Peoples’ Rights Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria 2004.
In an affidavit fed before the court, the Applicants claimed that rather than pursue a civil action against them, Dr. Kamoru and his company have been allegedly using the police to witch hunt and arrest them at all cost for a purely civil transaction.
“That the violent invasion, viet armis of the 1st Applicant’s residence at Plot 1, Ibrahim Shehu Tenimu Close, Gwarimpa, Federal Capital Territory , Abuja, by operatives of the 1st to 4th Respondents, at the instigation of the 5 Respondent, on the 1st and the 2nd of August 2023 to arrest the 1st and 2nd Applicants, without a warrant or a court order to that effect, is illegal, unconstitutional and constitutes a violation of the Applicants’ fundamental rights to privacy and dignity of human person.
“That the Applicants are entitled to a public apology and adequate compensation from the Respondents as provided for in sections 35 (6) and 46 (1) of the 1999 Constitution of the Federal Republic of Nigeria, as altered, Sections 314 (1) and 323 (1), (2) of the Administration of Criminal Justice Act, 2015, for the blatant violation of the Applicants’ fundamental rights, over a civil transaction.
No date has been fixed for the hearing of the suit.
