Court Orders Military Officer To Appear Over Rights Violation

Plateau State High Court has Monday, ordered a military officer
Major P.A. Omoniyi to appear before it to testify and be cross
examined over an alleged violation of the fundamental right of one
Alhaji Salmanu Bature.

Justice Daniel Longji gave the order in his ruling on an
application filed by Alhaji Salmanu Bature Muhammad, seeking for an
order enforcing his fundamental human rights pursuant to order 2
rule 1.

The applicant Counsel, Akibu Idris, has in suit No.
PLA/J289/2019, pursuant to order 2 rules 2 and 3 of the Fundamental
rights enforcement procedure chapter IV of the constitution, raised
questions to the actions of the 1st, 2nd, 3rd and 4th respondents,
being the Nigerian Army, the Chief of Defence Staff, the Commander
of Operation Save Haven (OPSH) and Major P.A. Omoniyi, the 2 IC,
sector 5 of the OPSH at Kura falls in Barkin Ladi LGA of Plateau
State.

He told the court that the 4th respondent has unlawfully and
illegally arrested the applicant twice and further detained him for
several days in an unhygienic place.

He said the 4th respondent arrested the applicant, in May 2019,
instead of his son, Kabiru Bature, that was alleged to have rustled
two castles, and was living apart with the applicant over the
years.

Barr. Idris sought the court to order the respondents to jointly
pay the sum of N20,000,000 in compensation to the petitioner,
published unreserved public apology in two national dailies among
other 6 reliefs sought.

In his ruling on applications and responses of counsels
respectively, Justice Longji, said the 4th respondents must appear
before the court to testify on the said, “discreet investigation,
to provide the report and inform the court on why he did not handed
him (applicant)over to the police, for prosecution.”

He held that it was, “annoying that the military officer,
arrested and detained the applicant, for an offence committed by
someone else.”

Longji said: “The press must be on this, so that those People
with guns, will know that they have limits.”

He adjourned the matter to 15th of November, 2019, for Major
P.A. Omoniyi, to appear, testify and be cross examine.