Court adjourns Sun Editor's assault suit, June 16
(Nigeria) A Federal High Court in Lagos on Wednesday fixed
June 16, to hear an objection to a suit filed by a journalist, seeking
enforcement of his fundamental rights against the police.
The applicant, Mr Ebere Wabara, Associate Editor of The Sun
Newspapers, and his colleague, Chuks Onuoha, had filed the suit against the
police, through their lawyer, Mr Bamidele Aturu, alleging violation of their
rights as enshrined in the constitution.
Joined as respondents in the suit are the inspector-general
of police, the Abia State Chief Magistrate, Mr John Ukpai and the
Attorney-General, AG of Abia State.
At the resumed hearing of the case, the Abia State AG, Mr
Kalu Umeh, SAN, appearing for himself, informed the court of his preliminary
objection to the suit.
He said the objection was challenging the court's
jurisdiction to entertain the suit.
Meanwhile, counsel to the applicant, informed the court that
although he had been served with the processes of the respondent, he had yet to
file a response.
He, therefore, prayed the court for a short date to enable
him regularise.
Justice Okon Abang in a short ruling adjourned the case to
June 16, for hearing.
The applicant is seeking an order restraining the
respondents from arresting or detaining him, following a bench warrant issued
by the second respondent, on the basis of a charge of sedition levied against
him.
In his affidavit, the applicant averred that he had
practised as a journalist for over 30 years and served as Special Assistant to
the Publisher of The Sun Newspaper, Mr Orji Uzor Kalu.
He said that on March 28, some policemen from the Abia State
Police Command, stormed his residence at Aguda in Surulere, Lagos, and dragged
him to Sholoki Police Station in Surulere, before he was taken to Umuahia.
He said he was arrested while still on his underpants,
handcuffed and taken away.
The applicant said that he was subjected to dehumanising
conditions at the police station in Umuahia, adding that he was eventually
released on bail on March 29, with Onuoha standing as surety.
Wabara said that he was asked to return to the station on
March 31.
He averred that when he returned to Lagos, he took ill, due
to the harsh condition he was subjected to at Umuahia, and was admitted at
Duntro Hospital in Surulere.
The editor said that on March 31, he was informed by a
source, that the respondents had preferred a criminal charge against him,
alleging that he had committed sedition and had defamed the character of the
governor of Abia.
The applicant said that on the face of the charge levied
against him, was attached a bench warrant for his arrest and detention.
He averred that as a journalist, he was entitled to freedom
of expression and was also at liberty to hold opinion and impart information
without interference.
The applicant, therefore, wants the court to vacate the
bench warrant purportedly issued by the second respondent on the ground that
sedition no longer constituted a punishable offence under Section 39 of the
Constitution as amended.
He also avers that on the authority of Arthur Nwankwo V
State, reported in 1985, NCLR 288, sedition was no longer a punishable offence
recognised by the Constitution.
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