Human Right Abuse:

 

Akpabio’s Wife To Pay N5.5m To ESUT Student

Many months after Abasiama Sunday Peter, a Student of Enugu State University of Technology(ESUT) was shot by some Policemen in the convoy of the wife of Akwa Ibom State Governor, Mrs  Ekaette Unoma Godswill Obot Akpabio in Ikot Ekpene, in a consent judgement in the High Court (nine) of Akwa Ibom State presided by Hon. Justice Joy Uwana, via their terms of settlement, Unoma Akipabio has settled to pay N5.5m to the Applicant to assist him.

According to legal pundits, the judgement which pointed out that though the governor’s wife as the first Respondent in Suit No: HU/114/2012 had agreed to pay the sum of N5.5m to the Applicant in a consent judgement filed at the said High Court on 29^th of October 2012 as adopted by the Court, never meant admission of liability or guilt on the part of the governor’s wife.
In a “Notice of an application for an order enforcing fundamental rights” filed on the 10^th of February 2011 it was stated that the rights to life, dignity of human person, personal liberty and freedom of movement of Abasiama Peter, guaranteed by Sections 33(1), 34(1), 35(1) and 41(1) and (2) were contravened in terms of the reliefs sought.
In his Affidavit in support of motion Abasiama Sunday Peters said he was returning to Ikot Ekpene after attending a traditional marriage at Midim, Abak local government area on July 16, 2011 in his mother’s car driven by him with four persons in the car who were given lift by him.
He said at Ukana Iba he noticed a convoy ahead of him which he slowed down and followed at a safe distance up to Ukana Ikot Ntuen where the convoy slowed down signalling it was branching at a point, hence he overtook the convoy.
He stated that at Utu Edem Usung, on looking at his car’s rear mirror he discovered  a Hilux pick-up with full headlights on was  coming in the direction of Ikot Ekpene and those inside the Hilux opened fire and were firing in a sustained manner.
On arriving Ikot Ekpene, Abasiama said he stopped at Library Avenue, came out of the car he drove and immediately the Hilux pick-up pulled up and about five uniformed policemen jumped out of the Hilux and ordered the five of them to lie down on the road.


He stated that as he was about to lie down as ordered by the Policemen he was shot on both legs by one of the uniformed policemen.  He said while another policeman hit him on the head a third policeman hit him on the jaw and caused his lower jaw to collapse.
Abasiama Peters had said the policeman who shot him on both legs announced after shooting him that they were ordered by Mrs Ekaette Unoma Akpabio to pursue his car and rescue the female passengers whom she suspected were kidnapped. He said an hour after he was shot another policeman dragged him into a Hilux Pick-up after he was whipped with a horsewhip, taken to Ikot Ekpene Divisional Police Headquarters, handcuffed and beaten thoroughly by more policemen who taunted and branded him a “kidnapper”.
He said his mother came and appealed that he be taken to the hospital but the police authorities refused and when he almost bled to death he was finally taken to the hospital at 8.30pm, two hours after he was shot.  The victim continued that at the General Hospital Ikot Ekpene he was under handcuff and chained to a hospital bed under the police guard 24 hours from July 16 to July 20, 2011.

He stated that the policemen on duty the day he was shot, beaten and tortured were protecting and escorting Mrs Ekaette Unoma Akpabio and argued that he committed no offence to warrant the inhuman treatment meted out to him and was not charged to Court for any offence whatsoever.

The Applicant in the case had sought many reliefs including a declaration that acts of the respondents in shooting Abasiama Peters on both legs and putting him in apprehension of extra-judicial loss of his life, subjecting him to torture, inhuman and degrading treatment, his arrest and detention by being chained to a hospital bed under handcuffs from 16^th to 20^th July 2012 were unlawful, unconstitutional and infringement on his right to life, right to dignity of human person, right to personal liberty and freedom of movement as guaranteed by Sections 33(1), 34(1), 35(3) and (4)(5)(a)(b) and (6) and 41(1) of the Constitution of the Federal republic of Nigeria, 1999(as amended).

Other reliefs the applicant had sought through the Court Order was that the Respondents be compelled to tender an unreserved written apology to the said Student to be published in two National dailies after he had read and given acceptance, N1billion paid to him for infringement of his fundamental rights and that the Respondents, their agents, privies, servants be restrained from further interference with Abasiama’s enjoyment of his fundamental right to life, dignity of the human person, personal liberty and freedom of movement.

In the written address of Applicant in support of Motion, Ifiok W. Obot Esq had quoted the 1999 Constitution(as amended) and other case laws to support his argument why the reliefs sought by the Applicant should be granted by the Court.
In her counter Affidavit deposed to by Stanley Negbenebor of Paul Usoro & Co (Legal Practitioners)  on May 22, 2012, Mrs Ekaette Unoma Akpabio denied the depositions made in Abasiama’s Affidavit in support of his statement of fact stated in 25 paragraphs as she has never met the victim on or before the said date he was shot.

Mrs Akpabio argued that the depositions in the other eight paragraphs were “totally and wholly untrue”.  She stated that all the allegations in the Supporting Affidavit  were “false and untrue and mere propaganda to blackmail and/ or whip up negative sentiments against her”.

She said she has never been involved in any act of molestation and or assault of anyone at all including the Applicant, that she has always been a law abiding  citizen without any criminal record and would never indulge or participate in any activity nor attempt to breach the fundamental human rights of a fellow citizen under any circumstance or guise.