By Nsan Ndoma-Neji, Calabar
Former Special Adverse in Cocoa Development and Control to former governor of Cross River State, Ben Ayade, Ntufam Dr Oscar Ofuka, has dragged the Secretary to State Government, SSG, Prof Anthony Owan Enoh, the Security Adviser to Governor Bassey Otu, retired Major General Okoi Obono, and the Secretary of the Cross River Cocoa Allocation Committee, Mr. Amba Ogar, to court for the violation of his fundamental human rights, seeking N5 billion damages from the respondents for violating his fundamental human rights.
Ofuka claimed that he was inflicted with exceptional hardship by the respondents to the extent that he could gradually die.
Others who were also dragged to court in the suit include Special Adviser to the governor of Cross River State on State Assets Recovery, Barr. Gilbert Agbor, the Chairman of the Cocoa Allocation Review Committee, Bishop Collins Bichene Ogar, Mr. Collins Atu Ogar, the NIgeria Police Force, the Assistant Inspector General of Police, AIG, Zone 6 Police Command Calabar and the Investigating Police Officer, IPO, Inspector Arikpo Inah.
Counsel to Dr.Ofuka, Barr. Mba Ukweni, SAN, revealed this in Calabar, while giving an update date on the cocoa rift in Cross River State in a telephone discussion yesterday.
The human rights lawyer averred that his client approached the court following the torment and inhuman treatment meted to him at different occasions by the Nigeria Police on the instructions of the appointees of state government.
Ukweni stated that his client was unlawfully arrested and detained since July 8, 2024, locked up at different police cells, including the Afi Barracks military cell at 245 Battalion, Ikom, Cross River State, where he was dehumanized, treated as if he were a common criminal.
He said, “I was told by Ofuka’s wife how her husband, my client, fell down, and hit his head on the floor after he was dragged by officers in charge from a vehicle and he subsequently fell into coma.”
The lawyer stressed that the act amount to a gross violation of Ofuka’s fundamental human right, stressing that Ofuka, who was taken to different medical centres, including University of Calabar Teaching Hospital, UCTH, Arubah Diagnosis Clinic, and the Navy Reference Hospital, Calabar, where CT Scan on his head and Emerald test were conducted due to the complications he had on his neck.
He added, “The CT scan was recommended because the consultants attending to him found out that there was a blockage in his arteries and the veins that take blood to his head were not really functioning so that he doesn’t get stroke and die.”
In the matter of the application, by Dr. Ofuka, for the enforcement of his fundamental human rights to life, dignity of a human person, personal liberty, among others, brought before the Cross River State High Court, to seek for redress and subsequent damages of N5 billion, in suit No. HC/87F/24, after the court granted him bail; Ofuka accused the respondents, (officials of Cross River State government) of using their offices corrosively, tormenting him without justifiable reason.
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The suit was filed on behalf of Ofuka by Ukweni, SAN, against the SSG, thv state Security Adviser and others after Ofuka was detained on allegation of murder and conspiracy by the Nigeria Police.
Ukweni alleged that Ofuka had been framed up by appointees of the state government because of a matter that was pending at the Effraya High Court in Etung Local Government Area of the state, where it is suspected that Ofuka might defeat the respondents, who are appointees of government.
Ukweni said, “The first to sixth respondents are worried about the progress of the investigation by the Force Headquarters, which will certainly reveal the falsity of the petition written by the second respondent.
“Subsequently, they decided to hurriedly arrest, detain and remand the applicant on a holding charge in order to divert attention from the likely outcome of the investigation from the Force Headquarters, Abuja.
“The respondents are just desperate about this matter. The case of murder of Mr. Idung was investigated by the Police Division in Ikom, and referred to the Homicide Unit of the state Police Headquarters, Diamond Hill Calabar.
“The first to sixth respondents by-passed the Homicide Unit of the state police headquarters to go to Zone 6 Police Command.
“This was because of the shoddy way in which the eighth and ninth respondents were arresting persons indiscriminately, and on the prompting of the first and second respondents.
“Not based on discreet and intelligent investigation, a petition was written to the Force Headquarters to take over the case file and had commenced investigation.”
Ukweni averred that there is a substantive suit that the judge had adjourned, stressing that August 22, 2024 had been fixed for hearing of the matter on the N5 billion suit against the SSG and the other respondents for the violation of his client’s fundamental human right, after he was unlawfully detained and humiliated without any justifiable reason.
When asked to speak on the consequences of the respondents failing to make themselves available in court, given the fact that they are the ones in control of government machinery, Ukweni said, “This is the main trouble that they will face.
“If they fail to come to court, it is better for us, because we will get judgment. We will enforce this judgment against them.
“The one that Oscar was granted bail is an application in the fundamental right matter. There must be a substantive suit before you can bring an interlocutory application. This is the substantive suit.
“For us to have him bailed on allegations of murder, it means we presented a formidable document to convince the judge. Once we fulfill the condition, the judge will sign and we will take it to the police and they will release him.”
On what angered the human rights lawyer, he said, the applicant, Ofuka, had been in custody of the respondents since July 8, 2024, with the 7th, 8th and 9th respondents (investigating Officer IPO and the Nigeria Police), stating clearly that they had completed investigation in the matter and case file refered to the Director of Public Prosecution, DPP, for his opinion.
He added, “It has taken more than one month and there is no opinion from the DPP. This is really strange.”
“Message remains the same, when appointing people into places of authority; we should avoid appointing people who see their personal interest as paramount, instead we should appoint those who will have the interest of the people at heart.
“Governance is not for the area boys or those who take delight in oppressing others who are weak.”
