January 14, (THEWILL) – The Federal High Court sitting in Abuja has ordered a substituted service to be served on the Former Interim Coordinator of the Presidential Amnesty Programme (PAP), Major General Barry Ndiomu (rtd), over a N300 million unlawful detention suit filed by a popular Bayelsa Blogger, Mienpamo Onitsha Saint.
The order was in favour of the Mienpamo Onitsha Saint (Applicant) for a motion on Notice for the Enforcement of the Applicant’s Fundamental Human Right over alleged 23 days of unlawful detention in 2023 by the Nigerian Police authorities.
The court ordered that the court documents should be posted at the home of Gen. Barry Ndiomu, the immediate past interim Administrator of the Presidential Amnesty Programme (PAP) at Bekebor Quarters, Odoni, Sagbama LGA, Bayelsa State, by means of substitution as the 6th Defendant in the lawsuit.
Saint Mienpamo, who is the publisher of the online news medium, Naija Live TV, was arrested in Yenagoa, Bayelsa State, on October 10, 2023, and was taken to the Force Headquarters by detectives from the Force Criminal Investigation Department (FCID), over some alleged reports against the former Interim Administrator, Presidential Amnesty Programme (PAP), Maj. Gen. Barry Ndiomu.
Saint Mienpamo, who was unlawfully detained approached the court seeking an order for general damages in the sum of N300m for breaching his fundamental human rights contained in sections 35 and 36 of the 1999 Constitution of Nigeria as amended and Articles six and seven of the African Charter on Human and Peoples rights.
Respondents in the suit file by a legal firm, Terhemba Gbarsima and Associates in Abuja, are the Inspector-General of Police (IGP), Force Criminal Investigation Department (FCID), NPF, National Cyber Crime Centre, DCP Uche Henry, Mr Simiat Suleiman, CSP B A. Abdullahi and former Interim Administrator, Presidential Amnesty Programme (PAP), Maj. Gen. Barry Ndiomu as the 6th
Onitsha is seeking a declaration that his detention in the facilities of FCID Area 10, Garki, Abuja, from October 11, 2023, till the day of filing the application was a violation of his right to dignity of his human person and right to personal liberty protected by Sections 34(1)(a) and 35(1) of the 1999 Constitution as amended and therefore unreasonable and unlawful.
Others are: “A declaration that the Applicant’s fundamental human rights guaranteed under Sections 35(1), (4), (5), 36(1) and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 6 and 7 (1) of the African Charter on Peoples and Human Rights have been breached.
An order of the honourable court compelling the respondents to return the personal belongings of the applicant, which is in their position.
“An order of perpetual injunction restraining the respondents, either acting by themselves or through their agents, officers, servants, privies or howsoever, otherwise described, from further harassing, attempting to arrest or detain the applicant unlawfully in connection with the facts of the instant application”.
Part of the grounds for the reliefs said: “By unlawfully detaining the applicant beyond a period of one day where there is a court of competent jurisdiction within a radius of forty kilometres by the respondents on the 11th of October 2023 after he was arrested on the 10th of October, 2023, without taking him to court before detaining him is a violation of the applicant’s fundamental human rights.
The respondents have jointly and severally breached the Applicant’s fundamental rights to personal liberty, freedom of movement and dignity of the human person as guaranteed under Sections 34(1)(a), Section 35, and Section 41(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“By breaching the applicant’s fundamental rights under Sections 34 (1)(a), 35 & Section 41(1) of the 1999 CFRN (as amended), the applicant is entitled to damages and compensation in accordance with the law.”
Meanwhile, Justice Nwite also at the resumed hearing and trial in a separate suit numbered FHC/ABJ/CR/492/2023 between the Inspector-General of Police as the complainant and Mienpamo Onitsha Saint as the defendant ordered the release vital personal belongings of the Bayelsa news blogger.
The presiding Judge’s order came after an application was made by the defendant’s lead counsel, Benjamin S. Ogbara, Esq, over the reluctance of the Nigerian Police to release vital personal belongings of the Bayelsa news blogger.
Ogbara told the Court that the items identified as personal belongings include an iPhone XR, a Tecno Android phone, a gold wristwatch worn during his recent marriage, a power bank, two cordless microphones, phone stabilisers, a Novena University identification card, passport photographs, two bank tokens of Zenith and GTbank and a purse among other items.
Justice Emeka Nwite, after hearing from the two counsels, ordered that the belongings that would not be used as exhibits should be released immediately.
112 days after Justice Emeka Nwite, gave the order on the 24th day of September 2024, the Nigerian police authorities have deliberately refused to obey the court orders to release the personal belongings of the Bayelsa-based popular blogger, Saint Mienpamo Onitsha.
Amos Okioma is a Correspondent at THEWILL
