In a recent development, the Federal High Court sitting in Abuja has issued a restraining order against Governor Yahaya Bello of Kogi State and all security agencies in the country. The order prohibits them from arresting the candidate of the Social Democratic Party (SDP) for the forthcoming governorship election in the state, Alhaji Murtala Ajaka.
The court’s decision came after Alhaji Murtala Ajaka filed a fundamental rights enforcement suit seeking protection from the court. Ajaka, who is the SDP’s flag-bearer for the gubernatorial election scheduled for November 11, expressed concerns about his personal safety and requested the court to enforce his fundamental rights.
The suit, marked FHC/ABJ/CS/952/2023, was filed by Ajaka’s legal team led by Mr. S. E. Aruwa, SAN. The SDP candidate sought protection for his rights to life, dignity, personal liberty, fair hearing, freedom of expression and assembly, freedom of movement, and others. He based his case on relevant sections of the Nigerian Constitution and the African Charter on Human and People’s Rights (Ratification and Enforcement) Act.
The respondents in the case include Governor Yahaya Bello, the Nigeria Police Force, the Inspector-General of Police, the Commissioner of Police (Kogi State command), the Department of State Services, and its Director General. The Director of DSS (Kogi State command), the Commandant General of the Nigeria Security & Civil Defence Corps, the Chief of Defence Staff, the Chief of Army Staff, and the Chief of Naval Staff were also listed as respondents.
Justice Inyang Ekwo, presiding over the case, ruled in favor of Ajaka, stating that he found merit in the ex-parte motion and affidavit of urgency presented by the applicant. The court issued an order restraining the respondents, their agents, servants, or anyone acting on their behalf from arresting, inviting, detaining, or threatening the life and property of the SDP candidate pending the hearing and determination of the substantive suit.
Furthermore, Justice Ekwo ordered the second to eleventh respondents to provide maximum security to Ajaka in Abuja, FCT, Kogi State, and elsewhere in Nigeria while the case is ongoing. The court adjourned the matter to July 21st for a full hearing.
The court’s decision coincided with a petition filed by renowned human rights activist Chief Femi Falana, SAN, addressed to the Inspector-General of Police, Olukayode Egbetokun. Falana urged the IGP to demobilize armed thugs and killer squads operating in Kogi State. He accused Governor Bello of using state and non-state actors to intimidate and terrorize perceived political opponents.
In the petition, Falana highlighted an incident involving Alhaji Murtala Ajaka and his supporters who were attacked while on a thank-you tour of the state. The attackers, dressed in police uniforms and driving official vehicles of the Kogi State Government, opened fire on the convoy, injuring several supporters. Falana alleged that the governor made threats against Ajaka, referring to him as an antelope crossing the lion’s path.
According to Falana, instead of investigating the incident, the Kogi State Governor dispatched a team of police officers to arrest Ajaka on trumped-up charges of terrorism and treasonable felony. Falana called for an immediate investigation into the matter and the demobilization of armed thugs and killer squads affiliated with the State Government.
Chief Femi Falana also appealed to the Commissioner of Police in Kogi State to caution his officers and prevent their involvement in political oppression against opposition parties, particularly targeting Alhaji Murtala Ajaka and his supporters.
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