In N300million Unlawful Detention Suit
The Federal High Court sitting in Abuja has directed that substituted service be issued to Major General Barry Ndiomu (rtd), the former Interim Coordinator of the Presidential Amnesty Programme (PAP), in relation to a N300million unlawful detention lawsuit filed by Bayelsa-based blogger, Mienpamo Onitsha Saint.
The court granted the Motion on Notice in favor of the applicant, Mienpamo Onitsha Saint, seeking the enforcement of his fundamental human rights after allegedly being unlawfully detained for 23 days by Nigerian police in 2023.
The court further ordered that court documents be delivered to the residence of the former PAP administrator, Maj. Gen. Ndiomu, in Bekebor Quarters, Odoni, Sagbama LGA, Bayelsa State, through substituted service.
Ndiomu is the 6th defendant in the lawsuit.
Mienpamo Onitsha, the publisher of Naija Live TV, was arrested on October 10, 2023, in Yenagoa, Bayelsa State, and taken to the Force Headquarters by detectives from the Force Criminal Investigation Department (FCID) over alleged reports he made against Maj Gen Barry Ndiomu.
Following his unlawful detention, Onitsha approached the court for compensation in the amount of N300million for the violation of his fundamental rights under Sections 35 and 36 of the 1999 Nigerian Constitution, as well as Articles 6 and 7 of the African Charter on Human and Peoples’ Rights.
The respondents in the case include; the Inspector-General of Police (IGP), FCID, the Nigerian Police Force (NPF), the National Cyber Crime Centre, DCP Uche Henry, Mr. Simiat Suleiman, CSP B A. Abdullahi, and Maj. Gen. Barry Ndiomu.
Onitsha is seeking a declaration that his detention at the FCID’s Area 10, Garki, Abuja from October 11, 2023, until the date of the application violated his rights to personal liberty and human dignity, as protected by Sections 34(1)(a) and 35(1) of the 1999 Constitution.
He further requests an order for the return of his personal belongings, currently held by the respondents, and a permanent injunction barring further harassment or unlawful detention.
The grounds for the relief include the unlawful detention of Onitsha without being presented before a court of law within the legally required timeframe, thus violating his rights to personal liberty, freedom of movement, and dignity.
In a separate case, Justice Emeka Nwite, during a hearing involving the Inspector-General of Police and Mienpamo Onitsha, ordered the release of the blogger’s personal belongings, which had been seized by the police.
The items include an iPhone XR, a Tecno Android phone, a gold wristwatch, a power bank, microphones, a Novena University ID, passport photos, and bank tokens, among others.
Despite the court order on September 24, 2024, the Nigerian police authorities have yet to comply, and the belongings remain withheld.
