Plateau State High Court has Monday, ordered a military officer Major P.A. Omoniyi to appear before it to testify and be cross examined over an alleged violation of the fundamental right of one Alhaji Salmanu Bature.
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Justice Daniel Longji gave the order in his ruling on an application filed by Alhaji Salmanu Bature Muhammad, seeking for an order enforcing his fundamental human rights pursuant to order 2 rule 1.
The applicant Counsel, Akibu Idris, has in suit No. PLA/J289/2019, pursuant to order 2 rules 2 and 3 of the Fundamental rights enforcement procedure chapter IV of the constitution, raised questions to the actions of the 1st, 2nd, 3rd and 4th respondents, being the Nigerian Army, the Chief of Defence Staff, the Commander of Operation Save Haven (OPSH) and Major P.A. Omoniyi, the 2 IC, sector 5 of the OPSH at Kura falls in Barkin Ladi LGA of Plateau State.
He told the court that the 4th respondent has unlawfully and illegally arrested the applicant twice and further detained him for several days in an unhygienic place.
He said the 4th respondent arrested the applicant, in May 2019, instead of his son, Kabiru Bature, that was alleged to have rustled two castles, and was living apart with the applicant over the years.
Barr. Idris sought the court to order the respondents to jointly pay the sum of N20,000,000 in compensation to the petitioner, published unreserved public apology in two national dailies among other 6 reliefs sought.
In his ruling on applications and responses of counsels respectively, Justice Longji, said the 4th respondents must appear before the court to testify on the said, “discreet investigation, to provide the report and inform the court on why he did not handed him (applicant)over to the police, for prosecution.”
He held that it was, “annoying that the military officer, arrested and detained the applicant, for an offence committed by someone else.”
Longji said: “The press must be on this, so that those People with guns, will know that they have limits.”
He adjourned the matter to 15th of November, 2019, for Major P.A. Omoniyi, to appear, testify and be cross examine.
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