A Federal High Court sitting in Abuja has awarded a N500 million in damages against Kogi State Governor, Yahaya Bello, for violating the fundamental rights of Murtala Ajaka, the candidate of the Social Democratic Party (SDP) in the November 11 governorship election in the state.
Justice Inyang Ekwo, in a judgement on Thursday, December 7, also directed Governor Bello to tender public apology to Ajaka “for the gross and unwarranted violation” of his rights.
Justice Ekwo equally made an order directing the security agencies and their heads, listed as 2nd to 7th respondents, to provide maximum security and ensure Ajaka’s safety, including his property in Abuja, Kogi, and other states before, during, and after the governorship poll held on November 11.
The judge further made “an order of injunction, restraining the security agencies from arresting/abducting, detaining and/or further harassing, intimidating, shooting/threatening the applicant’s life and properties.”
Ajaka had, in the originating motion marked: FHC/ABJ/CS/952/2023 dated and filed on July 11 by S.E. Aruwa, SAN, sought protection from the court.
The SDP candidate sued Bello, the Nigeria Police Force, IGP, Kogi State Commissioner of Police, Department of State Service (DSS), and DSS DG as 1st to 6th respondents, respectively.
The applicant also joined Director of DSS Command in Kogi, Commandant-General, Nigeria Security and Civil Defence Corps (NSCDC), Chief of Defence Staff, Chief of Army Staff and Chief of Naval Staff as 7th to 11th respondents in the case.
He said he firmly believed that as soon as the originating processes for the enforcement of his fundamental rights were served on the respondents, they would intensify efforts, albeit illegally, to force him to Kogi State to be killed.
He said prior to this time, he had contested in the Kogi governorship primary election under the All Progressives Congress (APC).
Ajaka averred that to dissuade him from contesting the APC primary, the governor, who had announced his cousin’s brother, Usman Ododo, as his successor, demanded that he stepped down.
“He (Bello) further accompanied this demand with threats to taking my life on failure of compliance,” he alleged.
The applicant said in view of the foregoing, he sought audience with former President Muhammadu Buhari, where he intimated him of the threats with a request for intervention and protection.
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“The president, in response, requested that the applicant make a formal report to his official and relevant security agencies, which he did,” Ajaka added.
He further alleged that Bello’s schemes became unwieldy when he (Ajaka) moved to the SDP and secured the party’s ticket as its governorship candidate for the gubernatorial election.
He alleged that on June 3, he left Abuja to pay courtesy visit to the Ohimege of Koto at KotonKarifi.
He said no sooner had he departed and was heading to Lokoja to pay a courtesy call at the palace of the Mai gari of Lokoja than the vehicle he was travelling in with was hit with hail of bullets in an unprovoked attack against him and his supporters.
He said: “In the midst of the confusion, the vehicle the applicant was travelling in was overtaken by a vehicle with the insignia of the government blocked the expressway, and then the 1st respondent (Bello) physically highlighted from the vehicle while ordering the men of the 2nd and 5th respondents (police and SSS) to again open fire on the vehicle of the applicant and his motorcade.
“That several vehicles belonging to the applicant and his supporters were riddled with bullets and demobilised, two other vehicles branded with the applicant’s party (Social Democratic Party) Logo were set ablaze by the men of the 2nd and 5th respondents on the direct order of the 1st respondent.”
Ajaka, who alleged that the deliberate attempt at assassinating him was made under the direct supervision of Governor Bello, urged the court to grant his reliefs in the interest of justice.
Bello, in his preliminary objection, sought an order striking out the suit for want of jurisdiction and another order setting aside the earlier order of the court made on July 13 for want of jurisdiction.
Giving eight grounds for the objection, he said Ajaka had filed the action against him, a sitting governor of Kogi State.
The governor argued that the applicant did not sue him in his official capacity, as the Attorney-General of Kogi State was not a party to the suit.
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He also argued that the alleged breach of Ajaka’s fundamental right and all facts constituting the breach as per his affidavit in support of the originating motion occurred in Kogi, hence, the suit was incompetent, among others.
Bello equally denied issuing any threat against Ajaka to take his life for failure to comply with anything whatsoever.
The governor, who denied anointing any successor, said Ododo contested the APC primary poll and won on his own merit.
He said the 2nd to 11th respondents are all federal agencies and not under his command and control, thus, he could not have co-opted them to threaten Ajaka’s right to life, liberty and association.
Delivering the judgement, Justice Ekwo said he found that none of the governor’s averments in the entire affidavit was specific.
“In other words, they are merely general averments. Furthermore, none of the averments specifically mentions the incident of June 3, 2023, and proffer a defence thereto,” the judge said.
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