allAfrica.com: Nigeria: Arrest - AGF, Defence Chief Dragged to Court (Page 1 of 1)

Founder and Director of the Niger-Delta Professionals for Development (NIPRODEV), Mr. Joel Bisina, has slammed a suit against the Nigerian authorities over his recent arrest along with four American film-makers in the creeks of the Niger-Delta .

The NIPRODEV director dragged the Attorney-General of the Federation (AGF) and the Chief of Defence Staff (CDS) as well as the Commander of the Joint Task Force (JTF), a.k.a. "Operation Restore Hope" to court, alleging illegal arrest and detention .

Also joined in the suit before the Federal High Court in Benin-City, Edo State, are the Inspector-General of Police (I-G) and the State Security Services (SSS). Bisina and the US -based journalists and film producers were on April 2, whisked to Abuja, after being seized by JTF while traveling to his country home, Ogbinbiri in Warri North local government area of Delta state, to shoot a movie, "Sweet Oil" in the Niger-Delta creeks.

However, Bisina claimed in the suit that he was unjustly arrested, humiliated and taken into custody, contrary to the Constitution of Nigeria concerning his fundamental human rights as a law-abiding citizen.

He is, therefore, asking the Court to order the aforementioned respondents "to issue a public apology to be published in four national newspapers", as well as demanding N5 million as damages for the unlawful detention and unconstitutional arrest, in addition to a N10 million compensation for his illegitimate and undemocratic torture and detention.

However, the application for the enforcement of his fundamental human rights is expected to be moved on 15 May, 2008. On April 17, the Federal Government gave concession for the conditional release of Bisina and colleagues by the security agents in Abuja , after several days in detention without a case filed against them in any court. The issue had generated heated debate internationally with appeals from US Congress members and numerous civil rights groups in Nigeria.

In a motion ex-parte, the plaintiff is asking the court, among other things, to declare that his arrest at Oghara Junction (riverside) in Ethiope West local government area of Delta state by the JTF was unconstitutional, unlawful, illegal, null and void; and that his torture and detention by the JTF, SSS and other agents of the Federal Government violated his fundamental right to life, respect for the dignity of his person, liberty and freedom of movement and association as guaranteed by Sections 33, 34, 35, 36, 39, 41 of the 1999 Constitution."Moreover, Bisina is asking the Court "to hold that the purported request by the respondents, whether by themselves or by their servants, officers, agents or privies or otherwise, howsoever described, particularly by the personnel of the JTF (on deployment to the Niger-Delta- Delta state) and particularly from the applicant (Bisina) of a military/security pass, before he could move/travel to Ogbinbiri, Warri North Local Government Area of Delta State (Niger-Delta), his home town in Nigeria is unlawful, illegal, unconstitutional, illegal, null and void." He is further praying the court to restrain the respondents and their agents from further arresting, detaining or in any other way harassing or administering any form of torture or inhuman or degrading treatment on him without first complying with due process of law, as laid down by the constitution of the Federal Republic of Nigeria, 1999 and other relevant legislations.

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