The leadership crisis rocking the Unity Party of Nigeria has shifted to the court.
Some principal officers of the UPN have instituted a legal action at the Federal High Court in Abuja against the Inspector General of Police for infringing on their fundamental rights.
The plaintiffs in the matter are: Dr. Malwaazi Abubakar (acting National Chairman), Abubakar Abdullahi Sokoto (National Secretary), Dr. Ola Olateju (National Organizing Secretary), Alhaji Adedeji Salau (National Publicity Secretary) and Mohammed Madawaki, Office Assistant at UPN.
Joined along with the Inspector General of Police as defendants are the Commissioner of Police for the FCT Command and Dr. Fredrick Fasheun.
The plaintiffs alleged that Dr. Fasheun, 3rd respondent in the suit, has been using the police to harass, intimidate, arrest and violate their fundamental rights to personal liberty.
The originating summon filed on behalf of the plaintiffs by their counsel, Victor Onyeabor, was brought pursuant to Order 2 Rule 3 of the Fundamental Rights Enforcement Procedure rule 2009 and Section 46(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The plaintiffs are, by the suit, seeking the following reliefs:
“A declaration that the continued harassment, intimidation and threats to unlawfully arrest and detain the 1st-4th applicants and deny them rights to personal liberty, dignity of human person and freedom of movement by the respondents constitute acts that will likely result in violation of the 1st-4th applicants fundamental rights protected by Sections 33, 34, and 35 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“A declaration that the continued detention of the 5th applicant by the 1st and 2nd respondents at the SARS detention centre, Abattoir Abuja, constitutes a grave violation of the 5th applicant’s fundamental rights guaranteed under Sections 33, 34, and 35 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“An order restraining the respondents whether by themselves, their officers, agents, privies or otherwise, howsoever from harassing, intimidating, unlawfully arresting or detaining or in any manner whatsoever unlawfully denying any of the 1st-4th applicants his fundamental rights.
“An order releasing the 5th applicant either unconditionally or upon such conditions as may be deemed necessary in the circumstance.”
An affidavit deposed to by Sokoto stated that the party’s meeting of October 13, 2014, in Abuja, noted: “It was resolved that the 3rd respondent (Dr. Fasheun) should be suspended from holding office as national chairman of UPN.”
Though the suspension was communicated to the Independent National Electoral Commission, according to Sokoto, he claimed that Dr. Fasheun has continued to parade himself as the national chairman of the party.
The affidavit stated that Fasheun has been “fomenting trouble rather than stay away from the party”.
It would be recalled that crisis started brewing in the UPN on November 18, when some party members were allegedly locked outside the secretariat of the party because the locks were changed by one Alexander Akinwade, the Director of Finance of UPN.
The national secretary said he called Akinwade but he did not pick his calls.
According to him: “That in the circumstances, I consulted some principal officers of the party and in a consensus, they all agreed that the locks put by Akinwade should be removed.
“That after the locks were removed, I got a call from another staff, Godwin Odey, that the 5th applicant (Madawaki) has been arrested and detained by the police.”
The affidavit stated further: “That when the 1st applicant got to the police station to secure the 5th applicant’s release, he was told that he was a principal suspect in the case and was asked to make statement.
“That the 1st applicant insisted on being told the offence he committed before he would make any statement, and the police brought out the petition forwarded to them by the 3rd respondent (Dr. Fasheun) containing spurious allegations.
“That after writing his statement, the police wanted to detain the 1st applicant but he was later released on bail.
“UPN is not a personal property of Dr. Fasheun, that he has been using the police to intimidate the principal officers of its staff.
“Agents of the 1st and 2nd respondents are looking for them with the intention of arresting them.”
No date hasd been fixed for the mentioning of the case.