Chairman of Nigerian Medical Association, NMA, Eket branch, has filed a N500 million suit against Speaker of Akwa Ibom State House of Assembly, Mr. Onofiok Luke over alleged assault along Obot Idim-Ibesikpo Road, Akwa Ibom State.
Dr. David Udo, the NMA Chairman said the assault was said to have occurred on Saturday, June 25, 2016.
Joined as respondents in the suit are a DSS agent, Mr. Courage Noguese; the Department of State Service (SSS); Akwa Ibom Commissioner of Police, Mr. Zubairu Muazu and the Inspector-General of Police.
The medical practitioner said the Speaker in conjunction with the DSS and police escorts attached to his convoy allegedly tortured, assaulted and restricted freedom of movement from him in a traffic gridlock while on his way to Eket from Uyo before he lost consciousness.
In a Fundamental Human Rights Enforcement suit filed before a Federal High Court Uyo by Mr. Inibehe Effiong on behalf of his client, David Udo, the applicant is asking for N100 million as general damages and N400 million as exemplary damages for his rights.
In the suit, the applicant asked the Court for a declaration that the torture, inhuman and degrading treatment he was subjected to by agents of the 3rd, 4th and 5th Respondents on June, 25, 2016 along Obot Idim-Ibesikpo Road is unjustifiable, illegal, unconstitutional and a violation of his fundamental rights to dignity of the human person contrary to Section 34 of the 1999 Constitution of the Federal Republic of Nigeria and Articles 4, and 5 of the African Charter on Human and People’s Rights.
He also prayed the Court to declare that the interference with his restriction to use the Obot Idim-Ibesikpo Road, which is a public road on the said date by the Respondents owing to the status of the 1st Respondent as the Speaker of the state House of Assembly is unconstitutional, grossly offensive, undemocratic and constitutes a violation of his fundamental rights of movement and freedom from discrimination contrary to Sections 41 and 42 of the 1999 Constitution and Articles 2,3 and 12(1) of the African Charter on Human and Peoples Rights.
The applicant equally asked the Court for a declaration that the 1st Respondent, notwithstanding his status and position as Speaker, is bound to obey, adhere to and comply with the extant provisions of the Nigerian Highway Code and other rules and regulations relating to the use of public roads applicable within the jurisdiction of the Federal High Court.
The applicant asked the Court to order the Respondents to publish a public apology in two national newspapers for violating the applicants Fundamental Rights to the dignity, freedom of movement and freedom from discrimination over the incident.
He also asked the Court for an order compelling the 3rd, 4th and 5th Respondents jointly and severally to subject all their agents and officers attached to the Speaker Onofiok Luke to a psychiatric test at a government-owned hospital in order to ascertain whether by their mental state they are capable of acting in deference to his rights and that of other Nigerians in the course of giving security protection to Onofiok Luke.
Speaking after filing the suit last Friday Inibehe Effiong said, “Impunity must not be allowed to become a culture in Akwa Ibom State. So, we will pursue this matter to a logical conclusion and we believe that the judiciary will give us justice at the end.”
