IBB’s spokesman Afegbua fights back, drags IGP Idris to court

For declaring him wanted Mr. Kassim Afegbua, the media adviser to a former military president, General Ibrahim Babangida, has dragged the Nigeria Police, the Inspector-General of Police (IGP), Ibrahim Idris, and two media houses to court.

He is accusing them in a suit marked, FHC/ABJ/CS/129/2018, and filed before the Federal High Court in Abuja on Tuesday, of unlawfully harassing and persecuting him over a statement he issued on behalf of his principal considered critical of the administration of President Muhammadu Buhari.

Afegbua is therfore praying the court to order the defendants to pay him N1 billion as damages for the breach of his fundamental human rights.

Aside NPF and the IGP, others joined as respondents in the suit are the Force Public Relations Officer, Mr. Moshood Jimoh, the Nigerian Television Authority (NTA) and Channels TV.

This development is coming sequel to the confusion that ensued on Sunday over two statements allegedly written by the former military leader, whch has to do with the 2019 elections.

An initial statement entitled, ‘Towards a National Rebirth,’ and signed by Afegbua, had Babangida advising President Muhammadu Buhari against seeking re-election and urged Nigerians to do away with analogue leaders but go for those in tune with the digital age.

Another statement issued hours after the first also allegedly signed by Babangida, had the general refuting the earlier statement.

However, afer Afegbua stood by his statement, insisting that it was issued on Babangida’s order, and even after the former military president allegedly claimed ownership of the initial statement by his spokesman, the IG, in a statement issued by Jimoh on Monday, ordered the arrest of Afegbua.

Declaring Afegbua wanted, the IG accused him of “making false statements, defamation of character, an act capable of instigating public disturbance throughout the country.”

But responding through the suit filed by his lawyer, Dr Kayode Ajulo, Afegbua said that he was not formally invited by the police before he was declared wanted and painted “as a fugitive and common criminal with no modicum of dignity.”

Further describing his being declared wanted as a witch-hunt, harassment, intimidation and persecution, Afegbua wondered why such actions will be meted out to him when Babangida had not denied the statement he issued on his behalf.

He joined the NTA and Channels TV as defendants in the matter because the police, the IGP and the Force PPRO used the platforms to declare him wanted.

As part of his prayers, he sought a declaration that “the continued witch-hunt, harassment, intimidation, and persecution of the applicant or threats thereof by the respondents ostensibly on the basis of a letter he wrote on behalf of his principal, General lbrahim Badamosi Babangida, GCFR, when his principal has not lodged any formal complaint to the police or any other security agency, amounted to the violation of his rights.”

Read also: Police wrong to declare Afegbua wanted if IBB has not laid any complaint, SERAP argues

Also, he sought that “the declaration by the 1st to 3rd respondents through the media of the 4th to 5th respondents that the applicant is wanted when there has been no formal invitation extended to the applicant or any attempt has been made to arrest him and he has resisted or refused to honour such invitation do not only constitute prosecutorial misconduct, malicious process, malfeasance in public office by the 1st to 3rd respondents, but also infringe unjustifiably, illegally and unconstitutionally upon the applicant’s fundamental rights to life, dignity of human person, liberty to be presumed innocent until proven guilty, freedom of expression, association and movement.”

He claimed his said rights were “guaranteed and protected respectively by sections 33, 34, 35, 36, 39, 40 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 2,4,5,6,7,9,1o,11,12 and 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement)Act, Cap. A9, Laws of the Federation of Nigeria, 2004.”

In addition, he sought “an order of perpetual injunction, restraining the respondents by themselves, their officers, servants, agents and privies from the continued witch-hunt, harassment, intimidation, and persecution of the applicant or threats thereof ostensibly on the basis of a letter he wrote on behalf of his principal, General Ibrahim Badamosi Babangida, GCFR.”

READ ALSO: Police wrong to declare Afegbua wanted if IBB has not laid any complaint, SERAP argues

He further sought “an order directing the respondents to stay all actions and to desist forthwith from proceeding with any process whatsoever, including but not limited to any purported investigation, detention, prosecution of the applicant or otherwise, which is connected, associated with or premised upon the letter he wrote on behalf of his principal, General lbrahim Badamosi Babangida, GCFR.”

Afegbua also sought an order directing the respondents to pay him “severally and jointly the sum of N1,000,000,000 (N1bn) as damages for the breach of the fundamental rights of the applicant.”

Among others, he sought “an order directing the respondents to apologise to the applicant through the media of the 4th to the 5th respondents and three national newspapers.”

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