A Federal High Court in Abuja has reserved judgement in the
N2 billion fundamental human rights suit brought against the Attorney
General of the Federation (AGF), Inspector General of Police (IGP) and the
Director General of the Department of State Service (DSS) by the Peace Corps of
Nigeria over the unlawful arrest and detention of its National Commandant,
Ambassador Dickson Akoh and 49 others.
In the suit filed by a former Attorney General of the
Federation and Minister of Justice, Godwin Agabi (SAN), the organisation
alleged that a combined team of the police and DSS had on February 28,
unlawfully raided the organization’s new Headquarters.
The applicants are demanding the sum of N2bn as compensation
for the embarrassment caused the Peace Corps of Nigeria and its Incorporated
Trustees by the arrest and detention of its personnel.
Justice Gabriel Kolawole fixed the date after counsel to
parties to the suit adopted and canvassed arguments for and against the case.
Arguing the applicants case yesterday, Agabi who moved the
originating summons file on March 8, 2017 alongside all the necessary processes
filed including a counter affidavit urged the court to grant the reliefs
contained therein.
Agabi contended that the questions to be considered by the
court include whether the first applicant (Peace Corps of Nigeria), is a
legitimate organisation.
He submitted that the respondents in the suit have all
agreed that the organisation is legitimate one registered with the Corporate
Affairs Commission, to carry out operations that is military and paramilitary.
“My lord, the question for determination is Whether the 1st
applicant is a legitimate organisation.
“The respondents admitted that it is a legitimate
organisation but their contention is that its activities are of military
activity. But they have not substantiated their allegations, on this ground
alone, the court is entitled to grant our application.
He referred the courts to exhibits attached showing that
that we are good people.
For instance, he submitted that exhibit, KGA 13A, which is
judgment of Justice Muhammad Umar delivered on Jan. 22, 2010, the court held
that we are not an illegal organisations.
He further referred the court to the judgment of the late
Justice Evoh Chukka delivered on April 22, 2014, and an enrolled order to prove
that the first applicant is a legitimate organisation.
Agabi also drew the attention of the court to exhibit KGA
10, where the police admitted that Peace Corps is a legitimate organisation.
He submitted that in all these judgments there has been no
appeals by the respondents.
To further prove his case, Agabi also referred court to
exhibit 15a and b containing advices from the AGF that the respondents should
comply with these judgments.
He finally urged court to grant the application.
In opposition to the suit, counsel representing the
Inspector General of Police and the Nigerian Police Force, David Igbodo argued
that contrary to the plaintiffs’ averrement in the Judgement of Justice Umar,
the court had said that if a lawful organisation was found to be engaged in
unlawful activities, it is imperative for the security organisation to take
necessary step.
Igbodo argued that, the fact that it is registered is not in
dispute as a Non Governmental Organisation (NGO), as it is registered under
Part C of CAMA and can only operate as an NGO, stating that exhibits tendered
by the applicants has no relevance that the NGO is not engaging in unlawful
activities and committing crime against the nation.
“The fact that peace corps is a registered and lawful
organisations is not in dispute. The issue here is that the NGO is operating
outside it’s mandate. All the exhibits attached are irrelevant to this case.
”Peace Corps is registered under part C of CAMA as an NGO.
Police has the power to investigate and charge the organisation if it is
committing a crime. Even those covered by the immunity clause can still be
investigated.
He further informed the court that the applicants have been
charged before another court on money laundering and other offences.
We urged court to dismiss application as it is academic.
He further submitted that being a registered
Non-Governmental Organisation, the applicant acted beyond its mandate by
engaging in recruitment, wearing of uniforms and carrying out military training
and activities.
He urged the court to dismiss the apllication as it is
academic and because the prayer being sought was premised on a condition that
it did not commit and offence, while the NGO had been charged to court for
trial.
Counsel representing the third to sixth respondents, Oyin
Kolesho in his argument also urged the court to dismiss the apllication on the
grounds that the arrest of Akor, in line with Section 35 (1)c of the Nigerian
constitution, the arrest and detention of the applicant cannot be said to be
unlawful, having been made upon the reasonable suspicion of commission of any.
He further stated that detention of the applicant did not
exceed 48 hours, and as such it was within the constitutional limit, adding
that the applicant had not shown that the registration with CAC entitles it to
engage in recruitment activities, collection of fees from members of the
public, training activities and wearing of uniform.
Having taken submissions from parties, Justice Kolawole
adjourned the matter to July 6, 2017 for judgement.
In the substantive suit, the plaintiffs are praying the
court to declare as “illegal, unlawful and unconstitutional the arrest of
Ambassador Akoh and other officers of the Corps as well as the sealing up of
its Head office in Abuja and offices in the 36 States of the Federation.
In addition, they want the court to declare that under the
1999 Constitution as amended, they have not
committed any offence to warrant
their arrest, detention and sealing up of their offices across the country as
done by the defendants.
The plaintiffs are asking for an order compelling the
respondents to unseal the headquarters of the Peace Corps of Nigeria and its
offices nationwide.
By the suit, the plaintiffs are praying the court to declare as “illegal,
unlawful and unconstitutional the arrest of
Ambassador Akoh and other officers
of the Corps as well as the sealing up of its Head office in Abuja and offices
in the 36 States of the Federation.
In addition, they want the court to declare that under the
1999 Constitution as amended, they have not committed any offence to warrant
their arrest, detention and sealing up of their offices across the country as
done by the defendants.
The plaintiffs are asking for an order compelling the
respondents to unseal the headquarters of the Peace Corps of Nigeria and its
offices nationwide.
Further more, they are seeking an order for the respondents
to release properties seized during their unlawful invasion of the applicants’
office.
Also the applicants prayed the court for an order of
perpetual injunction restraining the respondents, their privies or agents from
further sealing the applicants’ office and disrupting their activities,
including its meetings and orientation of its members.
They further asked the court for an order restraining the
respondents perpetually from further harassing, intimidating, arresting and or
detaining the applicants in the course of doing their legitimate and lawful
duties.
Apart from the above reliefs, the plaintiffs asked the court
to declare that the sealing up of their office Headquarters in Abuja is
illegal, unlawful, malicious and unconstitutional haven not committed any
offence to warrant the unlawful invasion and seizure of properties.
Besides, they want the court to declare that they are
entitled to fundamental rights to acquire and own properties, lawful assembly,
freedom of movement, personal liberty and dignity of their human persons as
guaranteed under sections 34, 35, 40, 41, and 43 of the 1999 constitution.
By Godwin Tsa
