The Nigeria Union of Journalists (NUJ) Kogi council has dragged the Department of State Service (DSS) before a Federal High Court, Lokoja over the arrest and continued detention of its member, Friday Ogungbemi.
Mr. Ogungbemi, a Lokoja-based journalist and publisher, was arrested and detained by the DSS on November 30 over alleged offensive publication in his Policy and Lawmakers magazine.
His arrest followed a publication which allegedly criticised Chief of Staff to the Kogi State Governor, Edward Onojo.
The NUJ, which filed the suit on behalf of the journalist, is seeking enforcement of his fundamental human rights and N5 million damages for unlawful incarceration and infringement on his fundamental rights.
J.U. Usman filed the motion on notice on behalf of the NUJ on Tuesday.
Mr. Usman sought four reliefs, including an order enforcing the journalist’s rights to personal liberty, freedom of movement and fair hearing being violated by the respondent since November 30.
He also sought an order of the court to enforce the rights being infringed upon by the respondent’s continued detention of Ogungbemi at the DSS detention facility “which is unreasonable, illegal, unconstitutional, null and void”.
The NUJ also demanded N5million only as compensation for his unlawful arrest and detention and asked for further order(s) the court might consider just and appropriate to make for the redress of the infringement of his rights.
The reliefs, according to the counsel, are based on three grounds including that the applicant had no criminal records and that his arrest and continued detention over the publication was unreasonable, illegal and unconstitutional.
He also held that there was a competent court of jurisdiction within 16-kilometer radius from the detention facility of the respondent wherein the applicant was detained but the respondent refused or neglected to charge him to court within the constitutional period.
The was supported by a seven-paragraph affidavit deposed to by one T. S. Luka Esq. of J.U. Usman and Co. law firm, Lokoja.
In the written address in support of the applicant’s motion on notice, the counsel raised two issues for determination.
They include whether the arrest and continued detention of the applicant was not a violation of his rights to personal liberty, freedom of movement and fair hearing and whether the applicant was not entitled to the compensation claimed therein.
The NUJ had on Monday directed journalists in Kogi to boycott government activities to protest the arrest of one of Ogungbemi.
Ogungbemi’s wife and six children were at the NUJ Press Centre, Lokoja on Tuesday to express their sorrow over his incarceration.
A sobbing Mrs. Comfort Ogungbemi explained that the family had been in trauma with three of her children unable to start their exams in school.
