Alleged unlawful detention: Court to hear N1bn suit by Sowore, Bakare against DSS on March 25

 

The Federal High Court, Abuja, will, on March 25, hear a separate suit filed by Omoyele Sowore, Convener, #RevolutionNow, and his co-defendant, Olawale Bakare, against the Department of State Services (DSS) over alleged unlawful detention.

Justice Inyang Ekwo adjourned the matters after the regularisation of processes filed by parties in the suits.

News Agency of Nigeria (NAN) reports that while Sowore and Bakare are applicants in the suits, the DSS DG and AGF are 1st and 2nd respondents respectively.

NAN also reports that while Sowore is demanding N500 million compensation, Bakare is asking for N500 million damages in the enforcement of their fundamental rights suits.

Sowore’s suit number: FHC/ABJ/CS/1407/2019 was filed Nov. 15, 2019 while Bakare’s matter with number: FHC/ABJ/CS/1428/2019  Nov. 20,  2019.

NAN reports that Justice Ijeoma Ojukwu had, on Nov. 6, 2019 ordered the release of the duo from the DSS custody but were rearrested after meeting the bail conditions.

Sowore was arrested in August for planning a nationwide protest he tagged: “#RevolutionNow.”

He was charged with treasonable act, alongside Bakare.

In the suit, Sowore is seeking and order of “declaration that the detention of the applicant from November 7, 2019 till date in violation of the order for his release made on November 6, 2019 is illegal as it violates his fundamental right to liberty guaranteed by Section 35 of the constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 6 of African Charter on Human and Peoples’ Rights (Ratification and Enforcement Act (CAP A10) Laws of the Federation of Nigeria 2004.

“An order of this court compelling the respondents to pay to the applicant the sum of N500,000, 000, 00 ( Five hundred million naira) as general and aggravated damages for the illegal violation of the applicant’s fundamental right to life, dignity of his person, fair hearing, health, freedom of movement and freedom of association.

“An order of perpetual injunction restraining the respondents from further violating the applicant’s fundamental rights in any manner whatsoever and however without lawful justification.” (NAN)

Court fixes April 30 for judgment in case of father accused of testing daughter’s virginity

An Ikeja Sexual Offences and Domestic Violence Court has fixed April 30 to deliver judgement in the case of a 37-year-old commercial motorcyclist, Emmanuel Idoko, accused of sexually assaulting his 12-year-old daughter by testing her virginity with his fingers.

Justice Sybil Nwaka fixed the date after the prosecutor, Mr Jide Boye and the defence counsel, Mr Adeyemi Adegbite presented final written addresses.

The News Agency of Nigeria, (NAN) reports that the accused is facing a charge of sexual assault by penetration contrary to Section 261 of the Criminal Law of Lagos State 2015.

In his final written address, Adegbite contended that the prosecution had not proved its case beyond reasonable doubt as all the four prosecution witnesses gave contradictory testimonies.

“We most humbly urge this honourable court to absolve the defendant of the charge and discharge and acquit him,”Adegbite said.

On his part, Boye urged the court to convict Idoko and sentence him accordingly.

NAN reports that while testifying for the prosecution on March 5, 2019, Dr Oyedeji Alagbe, a medical consultant with the Mirabel Center, a sexual assault referral center, narrated what the complainant had revealed to him during her medical examination.

Alagbe said: “The client declared in her history that her father though not married to her mother, had her and her male sibling living with him.

“Her ordeal started in 2016, a year before she was referred to the Mirabel Center.

“She said her father came home and said that he heard from people that she was no longer a virgin and he needed to test her to see if it was true.

“He forced her to undress and said he will use his finger to test her, the client was reluctant, he scolded her and eventually did it with his fingers.

“He also said that he would use his penis to examine her and she refused, he beat her and he subsequently started torturing her in the home because she kept turning down his requests.”

Idoko, while testifying in his defence on Nov. 21, 2019, denied putting his fingers in his daughter’s private part to test her virginity or seeing her naked.

“My daughter is following bad friends, my neighbours said all sorts of things about her. I initially did not believe it until I saw it myself.

“On Nov. 21, 2017, I saw my daughter with some boys while her brother was in the house watching television. When I called her name, the boys ran away and I asked her to tell me who her boyfriend was.

“When I tried to beat her, she tried to fight me like those friends of hers who beat up their parents. That was the reason I beat her that day,” he said.

According to the prosecution, Idoko committed the offence of sexual assault by penetration between July to November 2017 at his residence located at Akewusola St., Oworoshoki, Lagos.

“He sexually assaulted his 12-year-old daughter by penetrating her vagina by using his finger,”Boye said.

The offence contravened Section 261 of the Criminal Law of Lagos State 2015. (NAN)