Abia Onyike, former Ebonyi State Commissioner for Information and Orientation, has dragged Governor Dave Umahi to a Federal High Court, seeking N20 million in damages.
In the motion filed on July 3, with number FHC/AI/CS/59/2020, Mr Onyike is praying the court to enforce his fundamental rights to dignity of human person, personal liberty, freedom of movement, freedom of expression, right to private and family life.
The former commissioner is also seeking the enforcement of his fundamental right to freedom from discrimination.
Ebonyi Department of State Services, Commissioner of Police, Austin Umahi; chairman of Afikpo South Local Government Area Council of Traditional Rulers, Ezeogo Azuenya, are other respondents to the motion.
The originating summons was brought pursuant to Order 11, Rule 1 of the Fundamental Rights (Enforcement Procedure) Rule 2009, sections 34, 35, 37, 39, 41 and 42 of the 1999 Nigeria Constitution as amended.
The originating motion was further hinged on the provisions of the Article 5, 6 and 7 of the African Charter on Human and People’s Right (Ratification and Enforcement) Act.
The appellant said the motion was also brought pursuant to the exercise of the inherent jurisdiction of the honorable Court as preserved by section 6 (6), (A) – (C) of the Nigeria 1999 Constitution as amended.
Onyike seeks five reliefs including; a declaration that the plot, plan and attempt by the respondents to arrest, rearrest, detain, interrogate, torture, intimidate, harass and embarrass him by the respondents was illegal, unlawful and unconstitutional.
A declaration that the plot and plan by respondents to ostracise the applicant and banish him out of his village, local government area and state was manifestly illegal, unlawful and unconditional.
