- 11 2) A DECLARATION that the physical assault, torture, harassments,
intimidations, abuses and insults on the Plaintiff at Office of the State
Security Service, Aso Drive, Maitama, Abuja from 24th to 26th January,
2015 by the Defendant constitute a violation of the right to respect of
human dignity of the Plaintiff as guaranteed underArticles 4 and 5 of the
African Charter on Human & People’s Rights (Ratification and
Enforcement) Act, Cap. IV Laws of the Federation of Nigeria, 1990.
3) A DECLARATION that the seizure and detention of the Plaintiff’s
wristwatch, belt, shoes and Telephone handset for three days by the
Defendant is unlawful and a violation of the right to property of the
Plaintiff as guaranteed underArticle 14 of the African Charter on Human
& People’s Rights (Ratification and Enforcement) Act, Cap. IV Laws of
the Federation of Nigeria, 1990.
4) AN ORDER of injunction restraining the Defendant and its agents from
further arresting, detaining or in any way whatsoever violating the human
rights of the Plaintiff as guaranteed under Articles 4, 5, 6, 12 and 14 of
the African Charter on Human & People’s Rights (Ratification and
Enforcement)Act, Cap. IV Laws of the Federation of Nigeria, 1990.
5) AN ORDER that the Defendant shall pay the sum of N150, 000, 000
(One Hundred and Fifty Million Naira) only as compensation for
violation of the Plaintiff’s Human Rights to the dignity of his person,
right to personal liberty and right to property.
5.2
PROCEDURE
5.2.1 The initiating Application (Document number 1) was filed in this Court
on May 14, 2015 and duly served on the Defendant on the same day, May 14th.
5.2.2 By June 15, 2015, the Defendant had not yet filed a defense or made any
other form of appearance, and the Registry of this Court issued a Certificate of
Non-Lodgment on June 19, 2015 confirming that up to that date, the Defendant
had not filed its defense.
5.2.3 The case was called for hearing on October 13, 2015 and during that
sitting, only the Plaintiff and his counsel were in court while the Defendant was
absent without excuse. The Plaintiff applied to be permitted to present evidence
and prove his case; the court decided to adjourn the case to a later date and by
that time if the Defendant still had not filed its defense then the Plaintiff would
be permitted to prove his case.