Activist Files N50million Suit Against Secret Police DSS Over Torture, Right Violations
In the suit filed at the Kaduna Judicial Division of High Court of Justice Kaduna State, through his lawyers namely: I. U Wali, Esq, and B. M Bello, Esq., Aminu is seeking a N50 million compensation for the violation of his fundamental rights, including physical, emotional, and psychological trauma caused by their actions.
An activist, Khalid Aminu, who was also an #EndBadGovernance protester, has sued the Department of State Services (DSS) and its State Director in Kaduna State, for alleged human rights violations.
In the suit filed at the Kaduna Judicial Division of High Court of Justice Kaduna State, through his lawyers namely: I. U Wali, Esq, and B. M Bello, Esq., Aminu is seeking a N50 million compensation for the violation of his fundamental rights, including physical, emotional, and psychological trauma caused by their actions.
SaharaReporters had reported that Aminu, a Kaduna resident, was arrested on August 3, 2024 and detained by the Department of State Services (DSS) for over 10 weeks for being one of the organisers of the #EndBadGovernance protest meant to highlight the untold hardship the economic strangulation policies of President Bola Tinubu, had brought on Nigerians.
Earlier on Saturday, SaharaReporters reported that two personnel of the Department of the State Security Services (DSS), namely Yusuf Muhammad and Jibrin Nasir were behind a legal action against Aminu for exposing how he was tortured while in detention.
However, in court documents SaharaReporters obtained on Saturday marked Suit No: KDH/KD/CS/1481/2024 between Khalid Aminu as Applicant and State Security Services (SSS) and Director, State Security Services Kaduna State as 1st and 2nd Respondents, the activist also sought for an order of the court compelling the Respondents to issue a public apology to the Applicant, which will be published in three national dailies, for the violation of his rights.
The suit which commenced as Originating Motion, is brought pursuant to: Order II, Rules 1, 2, 3, 4, 5 & 7 of the Fundamental Rights (Enforcement Procedure) Rules, 2009; Sections 34, 35, 36(5), 39, 41, and 46(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); Articles 4, 5, 6, 7, 9, and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap Ag, Laws of the Federation of Nigeria, 2004; an Sections 8(1-4) of the Administration of Criminal Justice Act, 2015, under the inherent jurisdiction of the Honourable Court.
Other reliefs sought include, “A Declaration that the arrest of the Applicant by the Respondents on August 3, 2024, at NEPA Roundabout, Kaduna, without a warrant or just cause, and his subsequent detention for 68 days without arraignment or access to legal representation, constitutes a violation of his fundamental rights guaranteed under Sections 34, 35, 36, and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 4, 5, 6, 7, and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
“A Declaration that the torture, inhumane and degrading treatment inflicted on the Applicant while in the custody of the Respondents constitutes a gross violation of his rights under Section 34(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Article 5 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, and Section 8(1-4) of the Administration of Criminal Justice Act, 2015.
“A Declaration that the threats, Intimidation, and harassment of the Applicant after his release, including demands for retraction of truthful accounts of his torture, violate his rights to dignity, expression, and personal liberty as enshrined in Sections 34, 35, and 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Articles 4, 5, and 9 of the African Charter on Human and Peoples’ Rights.”
“A Perpetual Injunction restraining the Respondents, their agents, privies, or any other person acting under their authority from further arresting, detaining, or harassing the Applicant.
“And For Such Further Order or Orders as this Honorable court may deem fit to make in the circumstances of this case.”
On the grounds for the application, Aminu cited his “Unlawful Arrest and Detention; Torture and Degrading Treatment; Denial of Access to Legal Representation; Violation of the Right to Personal Liberty; and Harassment and Intimidation.”
Meanwhile, the suit which was filed on Thursday December 5, 2024, will commence as soon as a hearing date is fixed.
