HEARING RESCHEDULED FOR OCTOBER 2023 IN SUIT FILED BY NIGERIAN KIDNAPPED WITHIN NIGERIAN TERRITORY ALLEGEDLY BY ARMED AGENTS OF BENIN REPUBLIC

Hearing resumes on 20 October 2023 in suit filed by a Nigerian Pastor who claimed  the violation of his human rights following his abduction by armed agents of the  Republic of Benin who crossed Nigeria border to arrest the applicant  in Igbokofi village market in Nigeria’s  Ogun State.

In the suit no : ECW/CCJ/APP/34/21, Pastor Kunle GARB who is a resident of Igbokofi village in Yewa North Local Government Area of Ogun state, South West Nigeria said he was unlawfully arrested, detained and later tortured and deshumanized by the Agents of the Respondent, the Republic of Benin. He alleged that he was denied access to his family, lawyers and doctors during his detention.

The presiding judge, Justice Gberi-be Ouattara announced the adjournment after the Court realised that none of the parties was represented at the scheduled hearing of Thurday, 11th May 2023.

Relying on Articles 1, 2, 3, 4, 5, 7, 15, 16 and 19 of the African Charter on Human and Peoples Rights, the Applicant had contended that the action of the Respondent violated his Fundamental Human Rights to dignity of the human person, physical and mental health, liberty, family life freedom of movement, fair hearing, enjoyment of the rights and freedoms.

The Applicant represented by counsel Mr. Femi Falana and others also accused the Respondent of violating his fundamental rights as guaranteed by the provisions of Articles 1, 2, 3, 4, 5, 6, 7, 8, 13, and 28 of the Universal Declaration of Human Rights.

Among the reliefs sought by the applicant is a declaration that his detention by the armed agents of the Respondent in Benin in the country’s Edo State from June 2021 till date without due process of law is illegal as it violates his human right to fair hearing and presumption of innocence guaranteed by Articles 7 (1) (b) and (2) of the African Charter of Human and Peoples Rights and Articles 7 and 8 of the Universal Declaration of Human Rights.

The Applicant also asked the Court for a declaration that his arrest and detention by the armed agents of the Respondent without access to his family from June 2021 till date is illegal as it violates his human right of his family and family life guaranteed by the African Charter of Human and Peoples Rights and the Universal Declaration of Human Rights.

Furthermore, he asked the Court, among others, for an order directing the Respondent to pay him the sum of $500, 000. 00 (Five Hundred Thousand Dollars) as aggravated and general damages for the violation of his right to liberty, freedom of movement, private and family life, dignity of person, health, legal representation by the armed agents of the Respondent.

In the initiating application, the Applicant averred that he is a resident of Igbokofi village in Yewa North Local Government Area of Ogun state, South West Nigeria and he was abducted at the Igbokofi village market, by gendarmes who crossed illegally into the Nigerian territory to carry out the daring act.

The Applicant said he is an activist, and has been consistently campaigning against the incessant harassment of Nigerians by the Respondent state in attempts to forcefully annex some Nigerian territory.

The Applicant recalled that sometime in June, 2021, he was forcefully taken away Gestapo style  by the armed security agents from the neighboring country of Benin who had invaded Nigeria for that purpose.

He said the abduction was done without the prior knowledge of Nigeria, his country, and in whose territory he was at the time of his unlawful abduction.

The Applicant affirmed that he was allegedly kept in prison within the Respondent’s territory under the most inhumane condition, denied access to his family, lawyers and doctors during his unlawful arrest and incarceration.

Also  in the three-member Panel to hear the case are Justices Dupe Atoki  and  Sengu M. Koroma