An army general, Abel C. Ani, yesterday told the court that his fundamental human rights had been breached and he prayed it to step aside the arrest order the court had earlier issued against him.

This follows last week's Kaduna Magistrate Court's bench warrant against him for failing to appear before the court on two occasions in a case he is standing as the second accused person.

Brigadier-General Ani is the Commandant of Kaduna Central Workshop of the Nigerian Army.

Justice Nasir Idris of the Ibrahim Taiwo Road Magistrate Court, Kaduna, had in the last proceeding issued the bench warrant in the suite brought before it by Alhaji Tanimu Ibrahim and Barr. Mustapha Saidu, who alleged that the personnel refused to pay off the balance of money for the C-class Mercedes Benz car he was said to have purchased.

General Ani, through his counsel, Barr. Ann Ibinola, contended yesterday, when the case was called, that it was nothing short of a clear denial of right of freedom and fair hearing, and also a violation of Ani's fundamental human rights.

Ibinola in her motion said, "On 9th August, 2010, the matter was adjourned to the 18th for report of settlement but the court clerk inadvertently fixed the matter on 11th. But as both parties and their counsel were not in court on that day, the matter was struck out.

"The complainant's counsel failed to put counsel to the 2nd applicant on notice by filing a motion on notice for re-listing."

She argued that the whole proceedings of 18th violated the applicant's right to fair hearing as entrenched under section 36 of the constitution of the Federal Republic of Nigeria.