Posted by By GODWIN TSA, Abuja on
A Federal High Court sitting in Abuja has ordered the federal government to release the detained leader of the Movement for the Emancipation of the Niger Delta [MEND], Henry Okah [aka Jomo Gbomo] or to produce him before the court at its next sitting fixed for March 5.
A Federal High Court sitting in Abuja has ordered the federal government to release the detained leader of the Movement for the Emancipation of the Niger Delta [MEND], Henry Okah [aka Jomo Gbomo] or to produce him before the court at its next sitting fixed for March 5.
The court also ordered the federal government to allow his family members, lawyers and doctors unhindered access to him in custody.
The MEND leader and one Edward Atatah, a Merchant Navy Captain sued the federal government to enforce their fundamental rights.
The two are claiming N20 million as damages for the violations of their fundamental rights to personal liberty, right to dignity, fair hearing and freedom of movement.
Justice Babs Kwuemi had upon hearing the Motion exparte granted leave to the applicants to sue the federal government for the enforcement of their fundamental human rights.
The court further granted an order directing government to either release the applicants or to produce them before the court whenever the matter is fixed for hearing.
It also granted an order permitting the service of the motion on notice on the Inspector General of Police and the Director of the SSS through the office of the Attorney General of the Federation.
The arrest and detention of Okah has generated controversy and tension in some parts of the country particularly with the threat by MEND to pull down the country if he was not released to them.
The group claimed that Okah who was extradited last week from Angola, died from gunshot wounds in a military hospital in Kaduna.
But the federal government denied the allegations of his death, maintaining that Okah, who is suspected to be the one procuring arms for the militant groups, is still alive.
Yesterday, police authorities said the accused is being investigated for sundry criminal offences, including international gunrunning, oil bunkering, murder, complicity in bank robberies, piracy, kidnap and treason.
In the suit before the court, the applicants are pressing for a declaration that the arrest of the applicants on February 14, 2008 at Abuja by the respondents is illegal and unconstitutional as it violates their fundamental right to personal liberty guaranteed by section 35 of the 1999 constitution of the Federal Republic of Nigeria and article 6 of the African Charter on Human and Peoples' rights [Ratification and enforcement] Act [Cap 10] Laws of the Federation of Nigeria, 1999.
They rooted their case on the grounds that they are entitled to their fundamental rights to liberty, dignity, fair hearing and freedom of movement guaranteed by the constitution and African Charter on Human and Peoples' rights.