Riman, J cleared the Speaker of all ‘charges’ and dismissed the eight reliefs sought by the applicant for being grossly unsubstantiated. It would be recalled that on the 8th day of July, 2017, Dr. David Emmanuel Udo, member of the Nigerian Medical Association, Eket Branch instituted a fundamental rights suit at the Federal High Court, Uyo against the Speaker of the Akwa Ibom State House of Assembly, the Department of State Security, the Commissioner of Police, Akwa Ibom State Command, and the Inspector General of Police, alleging infringement of his fundamental rights to dignity of human person, freedom of movement and freedom from discrimination. He specifically alleged that these rights were breached by the DSS and the Police attaché in the Speaker’s convoy on the ‘instruction’ and ‘instigation’ of the Speaker and therefore, the speaker should be found culpable and made to pay damages amounting to a total of 500 Million Naira. In his affidavit of 49 paragraphs, Dr. David Udo alleged that he sighted the Speaker seated at the back of his official vehicle, bearing the insignia ‘’Speaker’’ dishing out instructions to his security detail to rain punches on him for refusing to leave the road for his convoy. He alleged that his freedom of movement was restricted in the process and that he fell into a coma and was rushed to Immanuel Hospital, Eket and later transferred to the Orthopedic Hospital, Enugu for treatment. He then prayed the court to find the Speaker liable, in particular, for the breach of his fundamental rights. In his affidavit, photographs and other documents were attached in his bid to convince the court of his allegations. The suit was filed and defended on his behalf by Inibeghe Effiong and two of his colleagues. Responding, the Speaker of the Akwa Ibom State House of Assembly filed a counter affidavit through, Isaac Paul, Esq, his Chief of Staff who was with him throughout the date of the alleged incident. He debunked the story of the applicant in its entirety informing the court that the allegations are false, fabricated and attention seeking. He urged the court to dismiss the suit. The DSS also filed their counter affidavit and written address. The Police where however not represented as no police man was named in the suit thought the Commissioner of Police and the Inspector General of Police were sued. In his argument, Ekemini Udim, counsel for the Speaker (appearing with Ini Ememobong, Toyo Jimmy and Beulah Udechukwu) drew the attention of the court to the fact that some of the reliefs sought in the suit are incompetent and strange to the fundamental rights enforcement procedure rules and therefore not maintainable. For instance, in relief number 3, counsel for the applicant couched his prayer thus: ‘’A declaration that, notwithstanding his status and position as Speaker, the 1st Respondent 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.’’ In relief number 7, counsel for the applicant couched it thus: ‘’An order compelling the DSS and the Police to subject all their agents and officers attached to the Speaker 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 the rights of the Applicant and other Nigerians in the course of giving security to the Speaker of the Akwa Ibom State House of Assembly.’’ Ekemini Udim drew the attention of the court that these reliefs are strange to the fundamental rights procedure and urged the court to stick them out. In his judgment, the court agreed with him and struck out the reliefs for being strange to the special procedure for enforcement of fundamental rights. Also arguing his case, counsel for Speaker drew the attention of the court to the contradictions and impossibilities inherent in the case filed by the applicant. He pointed out that the official vehicle of the speaker is a tinted glassed vehicle and that the occupants are not visible to the people looking at the vehicle from outside and therefore, it was impossible for Dr. David Udo to have seen the Speaker from outside, (as he has alleged in his affidavit) dishing out instructions for him to be beaten. He also argued that the words ‘instruct’ and ‘supervised’ as used against the Speaker are active words which require strict prove. That the person who alleging such instruction and supervision must prove same and that, there is no such prove before the court to substantiate the allegation of the applicant. Counsel also argued that the medical certificates presented to the court by Dr. David Udo are not helpful to his case. First, the purported medical report issued from Immanuel Hospital, Eket was made more than ten months after the cause of action arose and therefore cannot represent what has been alleged. Secondly, what was tendered as being from the Orthopedic Hospital, Enugu was nothing but a hospital card usually issued to visitors. Such hospital card did not tell the court what the applicant was in the hospital for. That it was not a medical certificate and that there is nothing mentioning the Speaker’s name whatsoever in the card. Counsel therefore submitted that there is nothing in the entire suit pinning the Speaker of the Akwa Ibom State House of Assembly to the allegations leveled against him. He prayed the court to dismiss the suit in its entirety. Responding, Inibehe Effiong in his reply address filed alongside the further affidavit of the applicant rejoined that the information that the applicant was assaulted and his movement restricted was made available to them by a detective who works with the DSS and by a Police Officer. He however, failed to mention the name of the detectives. He also failed to obtain an affidavit from them. This, the Judge held, contradicted the earlier averment which said that Dr. David Udo saw with his eyes when the Speaker gave instruction and supervised the infringement of his fundamental rights. In his well considered judgment, the judge dismissed all the reliefs and held that the applicant was unable to prove his case to be entitled to the judgment of a court of law. He exonerated the Speaker of all the allegations leveled against him in the suit. Inibehe Effiong, stood up and thanked the court for the judgment. He however hinted to the press that he will study the judgment and possibly test it on appeal. Also responding, Ekemini Udim thanked the court for a well considered judgment and for exonerating the Honourable Speaker of the Akwa Ibom State House of Assembly of all the allegations in the suit that had gone viral on social media.]]>

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