A pro-democracy group, the HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA ( HURIWA) has praised the Federal High for ordering the immediate and unconditional release of the Director of the Europe based- Radio Biafra and leader of the indigenous people of BIAFRA (IPOB) Mr Nnamdi Kanu.
But the group regretted that the Department of state security services (DSS) has consistently breached the fundamental human rights of Nigerians because the courts of competent jurisdiction have been too lenient not to consistently slam heavy financial damages against DSS for these historical rights violations. The group queried the deliberate failure to award heavy financial damage against the DSS by the Federal High Court for these gross violations of the human rights of Mr Nnamdi Kanu.
HURIWA has therefore expressed conviction that the Federal High Court Abuja division which freed Mr. Nnamdi Kanu the political prisoner of conscience should have awarded nothing less than N100 million damages to be paid to the now court’s release detainee for the flagrant breach of his fundamental rights and for prolonged periods of psychological and physical torture that the Department of State Service subjected him to in the past weeks.
Citing article 2, sub section 3 (a) (b) and [c] of the International Covenant on Civil and Political Rights, HURIWA stated that the Nigerian court system is under legal obligation to award such deterrent damages against the Department of State Services for often occasioning grave abuses of the rights of Nigerians just as the Rights group specifically affirmed that some operatives of the Department of State Services were captured in pictures and video tapes physically abusing the constitutional rights to human dignity of Mr. Nnamdi Kanu in the few times the security agency produced him (Nnamdi Kanu) in the Wuse zone II magistrate court in Abuja.
Specifically, Article 2 subsection 3 of the International Covenant on Civil and Political Rightsaffirms as follows:
“Each state party to the present Covenant undertakes:(a) To ensure that any person whose rights or freedom as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;(b) To ensure that any person claiming such remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the state, and to develop the possibilities of judicial remedy;(c) To ensure that the competent authorities shall enforce remedies when granted”.
HURIWA recalled that justice of the Federal High Court, Abuja, Adeniyi Ademola had on Thursday December 17th, 2015 ordered Nnamdi Kanu’s unconditional and immediate release from DSS underground detention facilities which has lasted for 90 days describing his continuous detention as illegal.
But HURIWA through its National Coordinator Comrade Emmanuel Onwubiko and the National Media Affairs Director Miss Zainab Yusuf applauded the court for this courageous decision but averred that the DSS would have been heavily penalized for these abuses of the rights of a citizen.
“In our numerous advocacy interventions since the last 90 days that Mr. Nnamdi Kanu has suffered degrading treatment and physical and psychological torture under the despicable underground cell of the DSS, we have often called for his unconditional release because we believe that he is not guilty of those superfluous and unconstitutional, kangaroo and framed up charges. The advocacy activities of the Europe based Radio Biafra does not in anyway represent any act that supports terrorism since the entire body of international humanitarian laws recognizes the inherent right to self determination and also guarantees freedoms of speech and peaceful assembly. All the security agencies in Nigeria must be made to respect the constitutional provisions and operate within the frameworks of laws and respect for the human rights of Nigerians. ”