From Yakubu Busari, Jos
A 60 year-old man, Alhaji Salmanu Bature Muhammed has filed a suit at the Plateau State High Court to demand N20m as compensation for harassment, invasion of privacy, arrest, detention or threat of arrest by the army and Security Task Force in Plateau State on account of an alleged offence of cow rustling committed by the his adult son, Kabiru Bature, who is living apart with him.
Alhaji Muhammed, in the Motion on Notice, filed by his Counsel, Akibu P. Idris (Esq), of Messers: Akib Idris & Associates, is seeking orders of the court to direct that the 4th Respondent, (Major P.A. Omoniyi) pay damage of infringing on his fundamental human right as a citizen of Nigeria.
The farmer also dragged the Army, the Chief of Defence Staff, to the Plateau State High Court, seeking the Court’s Order to direct the Respondents, jointly and severally, to pay him the sum of Twenty Million Naira (N20, 000,000.00), as compensation for alleged, “unwarranted breach of his Fundamental Human Right, as provided for under the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The farmer is also seeking the Courts Order, directing the Respondents to publish an unreserved public apology in two national dailies for the unwarranted infringement.
Listed as Respondents to the Originating Motion on Notice, dated 6th June, 2019, brought pursuant to Order2 Rule2 and 3 of the Fundamental Rights Enforcement Procedure Rules, 2009, chapter IV of the 1999 Constitution of the Federal Republic of Nigeria, African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act Cap 10 LFN,2004, are Major Gen. Augustine Agundo (STF Commander, Operation Save Heaven, Plateau State) and Major P.A. Omoniyi (the 2IC, STF Sector5, Officer in Charge of Kurra Falls Barkin-Ladi Plateau State).
Idris, the applicant’s Counsel explained further that the 4th respondent did not have power to harass, intimidate, arrest and subsequently, detain the Applicant in an unhygienic detention cell for the period of 3 days from 22nd May, 2019 to 25th May, 2019, without access to his relations and his Counsel on account of an alleged offence of rustling tow cows by his adult son Kabiru Bature, who is living apart with the Applicant over the years
Mohammed’s counsel said detaining his client for his son, Kabiru Bature, who allegedly participated in the rustling of two-cows, is unlawful, unjustifiable, and a gross violation of the Applicant’s Fundamental Rights as enshrined in the Constitution of the Federal Republic of Nigeria, 1999 as amended.