Chidi Odinkalu sues El-Rufai, IGP, others

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PROF. Chidi Odinkalu, former chairman, National Human Rights Commission, NHRC, has sued Governor Nasir el-Rufai of Kaduna State and four others at the Federal High Court, Kaduna, over an alleged violation of his human rights. He is also asking for compensation in the tune of N950 million from the governor and four other defendants.

Apart from el-Rufai, the suit with reference number FHC/KD/CS/97/19 listed the other defendants as the Inspector General of Police, Kaduna State Director of Public Prosecution, DPP, the  Attorney General of Kaduna State and Kaduna State Commissioner of Police.

In the suit, which came up for hearing on Wednesday, June 24, Odinkalu seeks among others a declaration that the efforts by the respondents to seek to or in fact influence, initiate or procure the prosecution of the applicant for the honest expression of his views in the interview he granted to Channels Television, Abuja, on or about the 16th February 2019, violates the applicant’s rights to personal liberty and free the expression under sections 35 and 39 of the Constitution of the Federal Republic of Nigeria.

Among other reliefs, he is seeking for “A declaration that the attempt by the respondents to procure prosecution of the applicant before the courts in Kaduna state for a broadcast emission on a Television medium in Abuja, operated by license on National Broadcasting Corporation, NBC, is outside the jurisdiction of a state, given that broadcasting, is a subject of under item 66 of the Exclusive Legislative List, and therefore, unconstitutional.

“A declaration that it is wrong in law and gross violation of the rights of the applicant to a fair hearing, procedural fairness in law in the form of due process, a fair and impartial trial for a direct criminal complaint to be filed against the applicant without him being served with the said direct criminal complaint and a subsequent ex-parte order obtained to section 36 of the Constitution of the Federal Republic of Nigeria.

“An order for compensation in the sum N200 million against the 1st and 3rd respondents and an order for compensation in the sum of N250 million for injury to character, self-reputation, esteem, a feeling of pride, and the international reputation of the applicant. Order in the sum of N500 million only to the 2nd Defendant who is notorious for serial abuse of fundamental rights.

“The cost of the suit; 10 percent interest per annum on damages until total and final liquidation of same, and any other relief(s) that the court may seem fit to make in the circumstances.”

Realnews recalls that Odinkalu had aired his doubt on Channels TV over claims by el-Rufai in February 2019, where he alleged that 66 and, later 130 Fulani were killed by native Adara and described the allegation as inciting and unbecoming of a governor. He also challenged el-Rufai to show proof.

A few days later, Ahmad Abdullraman, then Kaduna State Commissioner of Police, clarified that there was no evidence to that claim of the governor.

However, el-Rufai, through the Kaduna State DPP, ordered the arrest and prosecution of Odinkalu. According to Barrister Gloria Mabeia Ballason, Odinkalu’s lawyer,  there was a secret trial, which did not follow due judicial process, which abused his fundamental human rights.

Realnews reports that the American Bar Association, South African based, United Nations expert on Human Rights, Mini Kai, Global Rights and Open Society for Justice Initiative, have all indicated interest to serve as advisers and friends to the court  (amicus curiea)  in the case

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