Court orders Yahaya Bello to pay Ajaka N500m over rights violation

A federal high court in Abuja has ordered Yahaya Bello, governor of Kogi, to pay N500 million as damages for violating the fundamental rights of Murtala Ajaka, candidate of the Social Democratic Party (SDP).

In a judgment delivered on Thursday, Inyang Ekwo, the presiding judge, also directed Bello to tender a public apology to Ajaka “for the gross and unwarranted violation” of his rights.

Ekwo further ordered security agencies and their heads, listed as second to seventh respondents, to provide maximum security and ensure the safety of the SDP candidate and his properties.

The judge also made “an order of injunction, restraining the security agencies from arresting, abducting, detaining and/or further harassing, intimidating, shooting/threatening the applicant’s life and properties.”

Ajaka had filed the suit marked FHC/ABJ/CS/952/2023 and filed on July 11 seeking protection from the court.

Apart from the governor, Ajaka also sued the Nigeria Police Force, the inspector-general of police, Kogi state police commissioner, Department of State Service (DSS) and its director-general.

The applicant also joined the director of DSS command in Kogi; commandant-general, Nigeria Security and Civil Defence Corps (NSCDC); chief of defence staff; chief of army staff and chief of naval staff as 7th to 11th respondents in the case.

THREAT TO LIFE

In his affidavits, Ajaka had alleged a threat to his life by Bello.

Ajaka said Bello had dissuaded him from contesting the primary election under the All Progressives Congress (APC) to let his preferred candidate, Usman Ododo take the ticket.

“He (Bello) further accompanied this demand with threats to taking my life on the failure of compliance,” he alleged.

The SDP candidate said he sought an audience with former President Muhammadu Buhari and told him of the threats, with a request for intervention and protection.

He said the former president in response, requested him to make a formal report to his official and relevant security agencies, which he did.

Ajaka said the threats by Bello intensified after he (Ajaka) secured the governorship ticket under the SDP.

He alleged that on June 3, he left Abuja to pay a courtesy visit to the Ohimege of Koto at Koton Karifi when his car came under attack.

“In the midst of the confusion, the vehicle the applicant was travelling in was overtaken by a vehicle with the insignia of the government and blocked the expressway, and then the 1st respondent (Bello) physically alighted from the vehicle while ordering the men of the 2nd and 5th respondents (police and SSS) to again open fire on the vehicle of the applicant and his motorcade,” he stated.

“That several vehicles belonging to the applicant and his supporters were riddled with bullets and demobilised, two other vehicles branded with the applicant’s party (Social Democratic Party) Logo were set ablaze by the men of the 2nd and 5th respondents on the direct order of the 1st respondent.”

Ajaka, who alleged that the deliberate attempt at assassinating him was made under the direct supervision of the governor, urged the court to grant his relief in the interest of justice.

Bello, in his preliminary objection, sought an order striking out the suit for want of jurisdiction.

Giving eight grounds for the objection, he said Ajaka had filed the action against him, a sitting governor of Kogi.

Bello also denied the allegations against him.

Delivering the judgment, Ekwo said he found that none of the governor’s averments in the entire affidavit, was specific.

“In other words, they are merely general averments. Furthermore, none of the averments specifically mentions the incident of 3rd June, 2023 and proffer a defence thereto,” he said.

“It is also the law that affidavit evidence which is not challenged or controverted howsoever is deemed admitted and can be relied upon by a court.”

The judge also said he found that the account of what transpired on June 3 by the governor’s Aide, Iwanger Ifeoma Akaya, conflicted with the account of one Elvis Aguebor, who was also at the scene.

“It is not hard to see that the 1st respondent was acting clever when he sent his Aide De Camp to make a report to the same police that acted in concert with him at the scene of the shooting, after preventing the applicant (Ajaka) from entering Lokoja,” he said.

“It is my opinion that it is in the attempt of the 2nd, 3rd and 4th respondents to make a case to cover up for the act of the 1st respondent and the officers of the 2nd, 3rd and 4th respondents that have caused the obvious inconsistencies in their evidence.”