COURT ASKED FG, OTHERS TO PAY N5M COMPENSATION FOR VIOLATION OF HUMAN RIGHTS

The High Court of Justice Plateau State has Ordered the Federal Government and some of its Agencies to Pay one Dalyop Bulus the Sum of N5,000,000.00 (Five Million Naira) for the Violation of his Fundamental Human Rights.

The Applicant Mr. Dalyop Bulus was arrested on the 12th Nov. 2017 at Tyana village, Ra-hoss Ward, Riyom LGA, Plateau State by Operatives of the Operation Safe Haven alongside his elder brother, Benjamin Bulus who was later charged to Federal High Court Jos Division, but discharged for want of Deligent Prosecution.

The Applicant who is still in SSS Custody said they were subjected to serious beating as a result of which they sustained injuries following their arrest.

The Applicant sued the Federal Government in Suit N0: PLD/J154M2/19 along four(4) other Respondents namely, Attorney General of the Federation, Chief of Defence Staff, the State Security Service, and Major General Augustine Chris Chukwudi Agundu, the Commandant Special Task Force Operation Safe Haven.

In a Judgement delivered on the 2nd August, 2019 by Hon. Justice S. P Gang the High Court of Plateau State held that the action of the Respondents clearly contravanes the Provisions of Section 35 (4) of the Constitution of the Federal Republic of Nigeria 1999 (as Amended) which provides that any person who is arrested or detained in accordance with subsection (1) shall be brought before a Court of Law within a reasonable time.

The Applicant Counsel, Mr. Gyang Zi a renowned Jos Based Legal Luminary and Human Rights activist who filed the Suit for the Applicant had earlier brought an exparte application praying among other things, for an order of Production of the applicant to the High Court of Justice of Plateau State by the Respondents and to show cause why the Applicant should not be release on Bail on the date fixed for hearing pending the determination of the Originating Motion, the said application was granted by the Court.

The Originating Motion for Enforcement of the Applicant’s Fundamental Rights was thereafter taken by the Court.

Counsel to the Applicant Gyang Zi Esq urged the Court to grant the prayers contained on the Originating Motion as follows:

1. An Order enforcing the applicants Fundamental Human Rights.
2. An Order declaring the arrest, assaults, torture, and detention of the Applicant by the Respondents for a period of one year four months and still running without any just cause as illegal, unlawful, and unconstitutional.
3. An Order directing the Respondents to release the applicant from the Respondents custody or any other custody wheresoever forthwith.
4. An Order against the respondents to pay the applicant the sum of N5, 000,000.00 (five hundred million naira) only as general damages/compensation for the unlawful arrest, assault, torture, and detention of the applicant for a period of one year four months.
5. A mandatory Order directing the Respondents to Publicly apologise to the applicant in at least two national dailies for unlawful violation of the applicants fundamental human rights.
6. An Order of injunction restraining the respondents, their agents, privies, and representatives from further arresting, and detaining the applicant for no just cause.
7. And for such further orders the court may deem fit to make in the circumstances.

The issues for determination were resolved in favour of the the Applicant.

Sadly however, the DSS/SSS are yet to release the Applicant from Custody despite this Judgement which was delivered since 2nd August, 2019.

count | 195

Court Asks FG, Others to Pay N5m Compensation For Human Rights Violation