Foremost Human Rights organisation, One Love Foundation, has alongside a 2020 #EndSars Panel member of Edo state, Miss Precious Oruche dragged the Federal Government to the ECOWAS Court to restrain the Police from further victimization and operation of check pionts/illegal road blocks in Nigeria until there are enough guarantees by FG on all roads in Nigeria.
In a suit, lodged before the ECOWAS Court on 30th December, 2022, a copy of which was made available to the press, the plaintiffs/applicants are seeking a number of reliefs and praying the ECOWAS Court to award members of their organisation damages in the sum of $500,000 only to everyone victimized on Nigeria roads by the Nigeria Police.
“As we may recall that sometime ago in a viral video doing the rounds on social media, a certain Precious Oruche, a member of the 2020 Edo state #EndSars panel on police brutality, was seen recording in a viral video, reprimanding the police patrol team of Mabushi Police Station under the FCT Nigeria Police Command to refrain from acts of illegal checking of her car spare tyres, pigeon holes and other issues not convered and not defined as functions of police under the Nigeria Police Act 202.
“In the said viral video, the police patrol team of Mabushi Police Station of the Nigeria Police Force was seen threatening to shoot, assault and maim Precious Orushe.
“Furthermore, the DPO of FCT Mabushi Police Station, in concert with the DCO of FCT Mabushi Police Station, and a certain Superintendent of Police, SP Busari all jointly of Nigeria Police Force, in a very questionable manner and in non existing allegations of obstructing police officers, offering police officers bribe, and other allegations, then on the 11th August 2022, charged Miss Precious Oruche to the FCT Area Court on all the above sundry offences, over which the court has no jurisdiction, in order to victimize her for her advocacy and fir her being vocal.
“From a witness’ report, this act by the FCT DPO of Mabushi Police Station of Nigeria Police Force was done as a cover up for the viral video, where the police officers of Mabushi Police Station under the Nigeria Police Force, just for them to cover up for their crimes and violations of the fundamental human rights of Precious Oruche.
“Court proceedings as monitored by concerned civil society members, activist, have it that Miss Precious Oruche legally represented in FCT Area Court by Abuja-based human rights lawyer, Samuel Ihensekhien, jnr, was granted bail on very liberal terms and the charges later terminated and Precious Oruche acquitted by the FCT Area Court in a later proceedings on 15th December, 2022.”
Precious Oruche, who narrated what happened in the said viral video, stated that after she refused to debunk and post another telephone recorded video to water down the effects of the viral video of the Mabushi Police Patrol Team of the Nigeria Police Force assaults on her, the then DPO of Mabushi Police Station, one CSP Abdulmumuni Musa Abubakar and supritendent Busari with some other police officers in vengeance/retialation of the viral phone video recording by Precious Oruche, stating the condemnable acts of police officers, actually charged her to the FCT Area court.
She urged Nigerians to keep reporting acts of brutality by police officers, in spite of negative circumstances that always follow the same.
Speaking on the above case, human rights activist , Chief Dr Patrick Eholor, who was present in court, noted that the Nigeria Police Force and its officers have not learnt their lessons that police brutality cannot survive with the awareness of Nigerians on their core fundamental rights.
He stated: “And this case filed at ECOWAS Court is to seek for reparation and checkmate exhortionist moves by security agencies and the police on Nigeria highway and on the road.”
He also said by filing this case at the ECOWAS Court was to seek interpretation by ECOWAS Court, whether road blocks itself are not illegal.
Chief Eholor also said that the Nigerian law of Taxes and Levies Act, Laws of Federation of Nigeria 2004 Section 2 (2) disallowed any person, including respondent police officers and agents from mounting a road block in any part of the federation for the purposes of collecting any tax/levy or exhortions.
He wondered why security operatives extort innocent Nigerians and hapless citizens on Nigeria roads, including periodic violations of every Nigerian’s rights, who wears dread locks, tattoos, expressive hair cuts.
He said this suit lodged at ECOWAS Court sought to put a stop to all the above.
A glimpse of the suit filed showed the following reliefs:
1. A DECLARATION that arrest of the Applicant by the armed agents of the Respondent at FCT- Abuja for non criminal offence on 10th august to 11 august 2022 is illegal as it violates the human right of the Applicant to the dignity of the human person guaranteed by Article 5 of the African Charter of Human and Peoples Rights and Articles 4 and 5 of the Universal Declaration of Human Rights.
2. A DECLARATION that the violation of all the recognized fundamental human rights of the 1st and 2nd applicants as summarized in this case is illegal as it violate the presumption of innocence guaranteed by Articles 7 (1) (b) and (2) of the African Charter of Human and Peoples Rights and Articles 7 and 8 of the Universal Declaration of Human Rights.
3. A DECLARATION that the acts of the 1st and 2nd applicants in respect of all violations of this 1st and 2nd applicants right is illegal and injurious to lack of the dignity of the human person guaranteed by Article 5 of the African Charter of Human and Peoples Rights and Articles 4 and 5 of the Universal Declaration of Human Rights.
4. A DECLARATION that the arrest and detention of the 1st Applicant by the armed agents of the Respondent without access to his Attorney from 10th august 2022 to 11th august 2022 is illegal as it violates the human right of the Applicant to legal representation guaranteed by Article 5 of the African Charter of Human and Peoples Rights and Articles 4 and 5 of the Universal Declaration of Human Rights
5. A DECLARATION of this court for the stopping to halt, banning and proscription of all road blocks by the respondent police officers and agents, which is not subject of any criminal investigation activities as same constitutes violation of the right to freedom of movements of the 1st to 2nd applicants and all citizens of Nigeria and members of the 3rd applicants.
6. AN ORDER of this Honourable Court directing the Respondent to pay over to the 1st and 2nd Applicant the sum of $500, 000. 00 (Five Hundred Thousand Dollars) only as aggravated and general damages for the violation of 2nd and 1st Applicant’s and 3rd members right to liberty, freedom of movement, private and family life, dignity of person, health, legal representation by the armed agents of the Respondent.
7. AN ORDER of this Honourable Court directing the Respondent to pay over to the 1st and 2nd Applicant the sum of $1000. 00 (One Thousand Dollars) only as cost of prosecuting this suit.
8. AND ANY OTHER ORDER OR ORDERS this Community Court of Justice might make in the circumstance of this case.As at presstime on 30th December 2022, this suit filed and lodged before the ecowas court,abuja filed alongside a fast track application for interim reliefs, has not been given a date for hearing and determination. We hope to keep members of public posted.
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