Posted by By Ise-Oluwa Ige on
Leader of the Niger Delta Peoples' Volunteer Force (NDPVF), Alhaji Mujahid Dokubo-Asari, yesterday approached the Federal high court sitting in Abuja asking it to issue an order compelling the Inspector-General of Police, Mr. Sunday Ehindero, to relocate him to Kuje prisons.
ABUJA - Leader of the Niger Delta Peoples' Volunteer Force (NDPVF), Alhaji Mujahid Dokubo-Asari, yesterday approached the Federal high court sitting in Abuja asking it to issue an order compelling the Inspector-General of Police, Mr. Sunday Ehindero, to relocate him to Kuje prisons.
He also asked for an order of perpetual injunction restraining the Inspector-General of Police from further arresting or abducting him when relocated to Kuje prisons where he was lawfully remanded. Besides, he wanted the court to declare his forcible removal from prison custody to an unknown place as illegal, null and void.
Dokubo was remanded at the Kuje prisons before February 7, this year, on the order of the Federal high court, Abuja on charges of treasonable felony.
But on February 7, this year, a detachment of mobile policemen were said to have stormed the prison custody demanding for Dokubo's release to them without any court order.
He was consequently removed forcibly same day by the armed policemen on the alleged instruction of the Inspector General of Police, Mr. Sunday Ehindero, to an unknown place.
According to Dokubo's lawyer, Mr. Festus Keyamo, no reason was given for his abduction or and arrest and that up till now, he was yet to be charged before any court with any offence assuming he was re-arrested for another felony.
The conduct of the police, Keyamo said, amounted to a breach of Dokubo's fundamental human rights.
Challenging his abduction from police custody, Keyamo, on the instruction of Dokubo's wife, Iye, came before a Federal high court to file an application to enforce his fundamental human rights.
He specifically wanted to declare his arrest and detention in a place outside the order of the Federal high court trying him as illegal, unconstitutional, null and void.
In the application, the Inspector-General of Police and the Attorney-General of the Federation were named as respondents.
An exparte application asking for the leave of the court to enforce his fundamental human rights was filed at the registry of the court yesterday but it was yet to be assigned.
Meanwhile, Dokubo is also presently before the Court of Appeal sitting in Abuja begging it to stop Justice Peter Olayiwola from further trying him.
Dokubo is facing a 4-count treason charge before the Federal high court, Abuja.
He was arraigned by the Federal Government on October 7, 2005, before the high court presided over by Justice Babs Kuewumi over allegation that he planned with undisclosed number of people and societies to topple President Olusegun Obasanjo's government through unconstitutional means.
His pleas were taken by the trial judge and further hearing in the case was adjourned till November 10, 2005.
But on the adjourned date, Justice Peter Olayiwola sitting at the Benin division of the Federal high court relocated to Abuja to sit on the case alone while the trial judge who heard the matter on October 7, 2005 vacated his court for the new judge.
Following the change of judge in the case, Dokubo was re-arraigned with his pleas taken afresh.
Justice Olayiwola later heard an application for bail brought by Dokubo's counsel, Mr. Festus Keyamo, but he exercised his discretion against the militia leader as he ordered that Dokubo be remanded in prison custody pending commencement of hearing in the case.
The development made Dokubo to go wild in court, accusing the trial judge of doing the bidding of President Obasanjo who allegedly influenced the re-assignment of the case to him (Justice Olayiwola).
The next day after his application was refused, he brought another application asking the Benin-based high court judge, Justice Olayiwola to hands off his case on the ground of likelihood of bias.
He said he was not sure he could get justice from the trial judge.
The application urging the trial judge to disqualify himself from the case had been heard.
Justice Olayiwola did not waste time to dismiss it as lacking in merit.
The judge had held that since Dokubo was not challenging the administrative powers of the Chief Judge of the Federal high court to assign and re-assign cases, he said his application was bereft of facts to act upon.
The dismissal of his application enraged Asari Dokubo who almost jumped out of the dock to attack the sitting trial judge.
Although he didn't deal any physical blow on the judge, he nonetheless rained abuses on him, dismissing him as an unreasonable, useless old man.
Dokubo who was practically boiling also told the judge that he was not conducting himself like a judge deserving of respect, adding that his conduct since he took over the case amounted to acting the script of President Olusegun Obasanjo who undoubtedly wanted him to remain in prison so that he could achieve his rumoured third term bid.
Words of caution from the sitting judge enraged Dokubo the more as he told him to go to blazes.