Court Grants Assaulted Journalist Permission To Introduce Oral Evidence In Suit Against Customs
Justice Abdulaziz Anka of the Federal High Court in Lagos yesterday granted leave to a Lagos-based journalist, Otunba Olomofe, allegedly Assaulted by some officers of the Nigerian Custom Service (NCS) to introduce oral evidence in the suit he filed against the service.
Olomofe and the Lagos branch of the Nigerian Union of Journalists (NUJ) had filed the suit, seeking enforcement of the Badagry-based journalist’s fundamental rights to life, freedom of expression.
Other respondents in the suit are The Comptroller-General of customs; Muhammed Ndalati, Emmanuel Nkemdirim, and Ibrahim Turaki,
The plaintiff’s counsel, Jiti Ogunye had informed the court, at the last sitting, of his application, seeking to introduce oral evidence in the suit.
Justice Anka had then adjourned the case for ruling on the application, while he also allowed time for the defence to regularize it’s processes before the court.
In a short ruling on Wednesday, Justice Anka held that the applicant could introduce oral evidence in proof of its case.
The judge however, declined the applicant’s motion to file further affidavit evidence in the suit.
Anka accordingly, fixed April 24 for continuation of hearing.
The applicant had filed the suit, following alleged severe assault and beatings he suffered in the hands of Custom officers and some hoodlums allegedly hired by them.
The suit which was filed in January 2016, had been fixed for mention on Feb. 22, March 17, and June 16, 2016 but had suffered some setbacks.
On June 16, 2016 after the case was called, counsel to respondents had informed the court that the applicant was absent, and had urged it to strike out the suit.
Consequently, Justice Anka had struck out the suit.
Meanwhile, on June 17, 2016, counsel to the applicant, re-filed the suit and served processes including his application to re-list the suit, on the respondents.
In the pending action, the applicant is claiming N500 million as damages against the NCS, for the assault he suffered at Seme border post of the NCS on June 25, 2015.
Olomofe is also asking the court to declare that the respondents, in beating and causing him internal injuries, infringed on his right to life as guaranteed by Section 33 (1) of the 1999 Constitution.
He also asked the court to declare that the assault done to him in the course of discharging his professional duties and obligations, constituted an infringement on his rights to freedom of expression and the press.
He wants the court to award him N500 million as damages for the infringement on his rights.
