- Activist Slams N200m Suit Against Governor, Others
By Amos Aar
MORE details have emerged on how a People’s Democratic Party (PDP) social media activist, Mr Paul Gyenger, was recently denied bail and remanded at the Federal Correctional Center, Makurdi, Benue State after spending seven days in police custody without prosecution.
National Record had reported last week how Mr Gyenger was arrested and detained by the Benue State Police Command for alleged defamation of the character of Benue State Governor, Rev. Fr. Hyacinth Alia.
National Record had reported that Gyenger was arrested on August 25, 2023 by officers of the Benue State Police Command for alleging in a post on his Facebook wall that Governor Alia had diverted a tranche of N2 billion subsidy palliative to complete his house project in Guzape, Abuja.
When he exceeded the lawful 24 hours in detention without being granted bail or charged to court, Gyenger of Gyado Villa, KM 4, Gboko Road, Makurdi, Benue State had, through his counsel, Clement Mue, Esq., on August 28, 2023, filed a lawsuit against the Governor Alia, the Benue State Government, the Benue State Police Command, and Attorney General of the State as 1st 2nd, 3rd and 4th respondents respectively, at the Makurdi Division of the Benue State High Court for allegedly violating his fundamental human rights by continuously detaining him over a civil matter that was not criminal in nature.
In court documents obtained by National Record, Mr Mue, is praying the court for “A Declaration that the arrest of the applicant on the 25/08/2023, harassment, humiliation and continuous detention since on the 25/08/2023 till date by officers or men of the 3rd respondent over a pure civil dispute devoid of any criminal elements is unwarranted, unconstitutional, illegal, ultra vires and constitutes a gross violation of the applicant’s right to personal liberty, freedom of speech, right to dignity of human person and right to privacy provided, protected and guaranteed under section 34, 35 and 36, 39, 41 and 46 of the constitution of the Federal Republic of Nigeria, 1999 and Articles 5, 6 and 12 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap 10 Laws of the Federation of Nigeria 2004.
“An Order that the arrest of the Applicant on 25/08/2023 at his house at KM. 4 Gboko Road, Gyado Villa Makurdi and continuous detention from 25/08/2023 till date by men of the of the 3rd Respondent over a purely civil matter without any reasonable cause is for contrived political considerations hence, unlawful.
“An Order compelling the Respondents to pay the Applicant the sum of Two Hundred Million (N200, 000,000.00) Naira Only as compensation and damages for the illegal arrest and continuous detention of the Applicant for no just or reasonable cause.
“An Order directing the 3rd Respondent to release the Applicant forthwith on liberal terms.
“An Order compelling the Respondents to tender unreserved apology to members of the public in two national dailies to the applicant for painting the applicant in bad light before members of the public.
“An Order of Perpetual Injunction restraining the Respondents, their agents, officers, servants, privies or howsoever from further threatening to arrest, detain, intimidate and harass the Applicant on any fact connected with or related to the facts in this application.
“Such Further Order or Orders as this Honourable Court may deem fit to make in the circumstances of this case.”
Following Gyenger’s lawsuit demanding for bail and compensation over the purported violation of his fundamental human rights, he was arraigned on August 31, 2023 at a Makurdi Magistrate’s Court presided over by T. K. Atta, Esq., who declined to grant him bail on the ground that it was oral.
Gyenger was charged with cyber stalking, criminal defamation, injurious falsehood and Magistrate Atta consequently ordered his remand at the correctional center on the same date.
While National Record found among court documents a written application for Gyenger’s bail, dated August 28, 2023, which preceded August 31, 2023, when he was arraigned and subsequently remand, it is curious why the Magistrate still held that the application was oral.
Both Daily Post and Vanguard newspapers had reported on August 30, 2023 Gyenger’s written application for bail contained in the N200 million suit before the arraignment and remand on August 31, 2023.
