Thursday 10 April 2014

Court orders Rivers, others to pay ex-militant N50m

A Federal High Court sitting in Port Harcourt has ordered the Rivers State Government and eight other persons to pay the  sum of N50 million as damages to a former militant leader, Chief Solomon Ndigbara.
Ndigbara had gone to court to challenge an alleged infringement on his fundamental rights after being declared wanted by the police.
The former militant leader was declared wanted after he was accused of instigating an attack on Senator Magnus Abe during the annual Ogoni Day celebration in Janiuary 2011.
Popularly known as Osama bin Laden, the plaintiff had taken the State Governor, Mr. Rotimi Amaech,i to court to enforce his rights as a citizen.
Apart from Amaechi, other respondents in the matter in Suit No. FHC/PHC/CS/583/2011, are Abe, the state Commissioner of Police, Chief Judge, Attorney General and three others.
Ruling on the matter, Justice S.A. Aliu granted the plaintiff the five reliefs he applied for, adding that the applicant was entitled to life.
Aliu said, “The applicant is entitled to life and the respondents cannot intentionally deprive him in the absence of a court sentence, which pronounced him a criminal offender.
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“The applicant is entitled to respect for the dignity of his person and the respondents cannot subject him to torture or inhuman or degrading treatment for any reason whatsoever.
“The applicant is entitled to personal liberty and respondents cannot deprive him of liberty in the absence of execution of a sentence or order of court.
“The applicant is entitled to move in Ogoniland, Rivers State, and, indeed, Nigeria, and can freely reside in any side of the said places in accordance to Section 41 of the 1999 Constitution of the Federal Republic of Nigeria.
“It is hereby ordered that the respondents jointly and severally pay the applicant the sum of N50m as general and exemplary damages to the applicant in consequence of this violation of applicant’s fundamental human rights.”

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