Journalist takes Uduaghan, police commissioner, to court over unlawful detention

A journalist with the Niger Delta Standard Newspaper, Prince Amour Udemude, has taken Delta State Governor Emmanuel Uduaghan, the state’s commissioner of police and the  Director of State Security Service(SSS) to court over what he described as unlawful arrest and detention.

Udemude in his motion before the court,  alleged that Uduaghan ordered the state’s police command and the SSS to arrest and detain him over a news item posted on his face book page.

Udemude said he was arrested and detained on Tuesday, April 5, 2011, for over six hours at the Anti-Robbery Department of the state CID headquarters, Asaba, for what the police called seditious publication on his face book page. He said he was granted bail at about 7pm.

In a suit number, FHC/ASB/CS/101/11, the state governor, commissioner of police and the state’s Director of SSS are the 1st, 2nd and 3rd respondents while the journalist is the applicant.

In his application, counsel to the applicant, Mr. Chuks Ebu is praying the court to grant the following reliefs, a declaration that the arrest and detention of the applicant on April 5, 2011, for about six hours by the 2nd respondent at the instance of the Ist respondent constitutes a veritable infringement on the applicant’s fundamental rights as enshrined in section 35 (1) and 41 (1) of the

1999 constitution and Article 6 of the African Charter on Human and People Rights (ratification and enforcement) Act Cap A9  Laws of the Federation of Nigeria, 2004.

He also wants a declaration that the harassment, intimidation and humiliation of the applicant by the 2nd respondent in compelling the applicant to deny a news item, which was true, amounts to a violation of the applicant’s fundamental rights to freedom of expression and the press guaranteed under section 39 (1) of the 1999 constitution as amended, and Article 9 of the African Charter on Human and People Rights (Ratification and enforcement) Act cap A9 laws of the Federation of Nigeria, 2004.

The journalist, who is demanding as damages, N5 million, also wants the court to direct the respondents to tender a public apology to him through any national newspaper for the violation of his fundamental rights. Hearing on the case has been fixed for May13, 2011.

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