Nezie Obi: Favour Samuel files 20 Million Fundamental Rights Action Over Beating On Facebook Post

Seeking to enforce his fundamental rights, Favour Samuel (Nezie Obi) has filed a fundamental rights action before the ogbia high court sitting in yenagoa as an applicant.

In the suit filed with Richard Millow, Robert Oru and Imo Sunday as first, second and third respondents respectively, the applicant is seeking among other things, a declaration that the dragging, harassment, assault, flogging and beating of the applicant by the first, second, third respondents and others on 13th June 2020 over a Facebook post made by the applicant is an infringement on the applicant’s right to dignity of human person, right to fair hearing, right to presumption of innocence and right to freedom of expression as contained in section 34 (1) (a) 36, 36(5)(8) and 39 of the 1999 Constitution of Nigeria (as amendment) and Article 5, 6, 7 (b)(e), and 9 of the African Charter on Human and Peoples’ Right Act, and therefore unlawful, unconstitutional, and null and void; an order of injunction against the first, second and third respondents, their cronies, agents and privies from further infringing on the applicant’s fundamental human rights; an order that the first, second and third respondents tender a written apology to the applicant; an order directing the respondents to jointly and severally pay the sum of one hundred thousand naira (N100, 000.00) as cost of litigation; an order of this Honourable Court awarding the sum of N20,000,000 (twenty million naira) as general damages.

According to the affidavit in support of the application, the applicant states that on the 13th day of June 2020, the respondents infringed on his rights following a Facebook post the applicant made on 10th day of June 2020.

The applicant alleged that the respondents beat him several times with machetes and other weapons with them thereby inflicting serious injuries on him.

The case has not been assigned with a date.

Meanwhile, counsel to the applicant, Ebi Robert, Esq., says they have uncovered plans by some interested individuals to cow and intimidate his client by influencing the management of Federal University Otuoke to victimize his client.

In a statement issued by the human rights lawyer in Yenagoa, stating that such plans will not hold water, he said: “We are very sure that the school management of the Federal University Otuoke, being owned by the Federal Government of Nigeria will not be a party to such plan.

“It is our belief that the school management is an authority of very respected men and women, very distinguished scholars and lecturers, who will never fall for such cheap and primitive approach of addressing Issues, if presented by such interested persons. Federal University of Otuoke know that any student in Nigeria has the constitutional right to enforce his or her right and seek redress in court when necessary.

“We must state that our client is a Nigerian, first, before any other thing. The Federal University Otuoke is owned by the Federal Government of Nigeria even though situated in a particular community. Therefore it is subject to the extant laws operating in Nigeria,” he said.

Robert says that the decision by his client to enforce his rights should not be misinterpreted as perceived in some quarters to be a fight against the Otuoke community insisting that it is against specific individuals who violated his client’s rights.

“We wish to state without mincing words that the case is not between our client and the good people of Otuoke Community as wrongly presented by some persons.

“Our client’s case is simply against some persons who carried out the inhuman treatment against the him. People must therefore be careful while making utterances, and not present the matter as if it is against the Otuoke community as a whole.

“Our client has rights, innate rights well situated within the bounds and protected by our constitution and if these rights have been violated, our client has every right to seek redress against anybody irrespective of who the person is. No one is above the law,” he concluded.

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