What Court Did To Tinubu On Suit Against COAS

National leader of the APC, Bola Tinubu

Following a suit filed at a Federal High Court, Lagos, on March 24, by the national leader of the All Progressive Congress (APC), Bola Tinubu restraining the Chief of Army Staff (COAS), Lt. Gen. Kenneth Minimah on human rights infringement, the court has given a date for hearing.

 

The Federal High Court on Tuesday adjourned hearing on the fundamental rights’ enforcement suit filed by former governor of Lagos state through his lawyer, Mr. Femi Falana (SAN) till April 20.

Tinubu reportedly sued Minimah over the deployment of soldiers to lay siege on his No. 26 Bourdillon Street, Ikoyi, Lagos home, between February 9 and February 11, 2015.

Justice John Tsoho, had on March 26, granted an interim injunction, restraining the military from further laying siege on Tinubu’s home as well as halt any possible arrest or detention of the APC chieftain during the period of the general elections.

The judge adjourned to hear the substantive suit after granting the order, but at the resumed hearing on Tuesday, only the applicant’s counsel, Mr Chukwuma Onwuemene, who was holding brief for Mr Femi Falana (SAN), was in court.

Chief of Army Staff, Lt.-Gen. Kenneth Minimah

Onwuemene prayed the court for a short adjournment for the hearing of the substantive suit since Minimah was not represented in court.

Tsoho recalled that the applicant had already secured an interim injunction shielding him from arrest and intimidation by the military, adding that the court could not give any date before the Easter vacation.

The justice, therefore, adjourned hearing to April 20, 2015.

Tinubu is praying the court to declare that the military siege on his house was an infringement on his fundamental human rights to private and family life protected under Section 37 of the Constitution of the Federal Republic of Nigeria.

He also wants the military’s action considered as a violation of sections 35 and 42 of the Constitution as well as Articles 2 and 5 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.

Tinubu claimed that the military siege on his house caused him and his family ‘psychological and mental torture.’

His personal assistant, Sunday Dare, who deposed to an affidavit in support of the action, told the court that: “the applicant was exposed to embarrassment as many members of the public asked whether he committed any offence, which could have warranted the siege. That the siege portrayed him as a hardened criminal in the society.”

The political tension that accompanied the just concluded Presidential and House of Assembly elections, and the fear of the ruling party clamping down on strong opposition members like Tinubu, made the ex-governor to approach the federal high court to obtain legal backing against the military.

The military had earlier in February laid siege on the national leader’s house for no reason, a development the military had vehemently denied.

The opposition national leaders’ fear is not unconnected with the military clampdown experienced they had during the Ekiti State governorship election that brought in the Peoples Democratic Party candidate, Ayodele Fayose as the state governor after defeating the then incumbent governor, Kayode Fayemi of the All Progressive Congress.