Rights violation: Court fixes June 20 for judgment in case filed against El-Rufa’i

Justice Hajaratu Gwada of Kaduna High Court on Monday fixed June 20 to deliver judgment in a fundamental human rights suit filed against Gov. Nasiru El-Rufa’i.

Joined in the suit suit filed by a lecturer with Kaduna State University, Zuwaqhu Bonat are the Commissioner of Police and the Attorney General of Kaduna State.

At the resumed hearing on Monday, counsel to the applicant, Gloria Balasson told the court that respondents had failed to respond to the originating summons served them and asked the court to rule on the matter.

She argued that the law only gave the respondents five days within which to respond and had not done so since the case was instituted.

It was reported that the respondents were neither in court nor represented.

The suit was brought in pursuant to Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure Rules 2009 and Sections 33, 34, 36, 37, 39, 41 and 46 of 1999 Constitution as amended.

He is asking the court to stop the respondents or their agents from arresting or detaining him.

Bonat is accusing the governor of using policemen to intimidate, arrest and prosecute him on trumped up allegations, a situation that had kept him in a state of fear.

He therefore sought for a “declaration that the order by the agents of the second respondent to report unfailingly on April 17, 2018 to the Narcotics and Thuggery office of the special Anti-Robbery Squad Kaduna is a breach of his dignity.”

He is further seeking a declaration that the letters by which the state governor ordered for his arrest which was shown as basis for his interrogation have no legal mandate and is an abuse of power.

Bonat further averred that the state governor’s allegation against him was unlawful and that the manner in which the police conveyed the allegations has impinged on his dignity.

The applicant, therefore, asked for an order restraining second and third respondent from acting on any executive memo, advice or directive whether in writing or oral from the 1st respondent to arrest or prosecute him.

He is also asking for an order restraining the 3rd respondent from violating sections 33, 34, 35, 36, 37, 39 and 41 of the 1999 constitution to cause or authorize his prosecution without reasonable suspicion.

Bonat, a senior lecturer in the History department of the university, prayed the court to offer him N9 million for general damages, N1 billion for special damages and N20 billion as exemplary damages for the breach of his fundamental human rights by the respondents.