A Yenagoa High Court Judge, Justice Doris Adokeme will on November 4, decide whether she has the jurisdiction to entertain a matter bordering on enforcement of fundamental human rights brought before the court by a journalist.
The publisher of a local tabloid, the Niger Delta Herald, Mr Francis Dufugha, had approached the court complaining about the abuse of his human rights by one Anthony Nwabuoke, the chief aide to the Bayelsa State Governor, chief Timipre Sylva by ordering soldiers attached to Joint Military Taskforce (JTF) to assault him.
Named as defendants in the suit were chief Timipre Sylva, the Commander JTF, and Mr Nwabuoke, whom the plaintiff is praying the court in a motion on notice to grant him leave to enforce his fundamental human rights.
He is also asking for an order to restrain the governor from enlisting his chief details or any other agent to harass, assault and intimidate him pending the determination of the motion.
The publisher, who is demanding one billion naira jointly from the defendants hinges his ground of relief on the breach of his constitutional right as guaranted under section 34 of the 1999 constitution.
Opposing the motion, leading counsel for the defendants, Mr. F.T. Okorotie, averred that the governor is covered by section 308 of the constitution and therefore cannot be sued for a civil or criminal matter.
According to the counsel, the second defendant, Commander of JTF is not a juristic personality because the outfit is not a creation of law but merely accepted and recognised as a body that lacks capacity to sue or be sued.
He, therefore, described the motion as abuse of court process, lacking in merit to be entertained, contending that the court also lacks jurisdiction to adjudicate on the matter and urged the judge to dismiss the suit.
However in his reply, plaintiff’s counsel, Mr. Anamso Attat, said the court has jurisdiction to entertain the matter, and cited 308 (1) C of the constitution, which allows the governor to be represented in matters but cannot be compelled to appear before the court.
Mr. Attat also submitted that JTF, like the Commissioner of Police, is a juristic personality because he is responsible for the actions of his subordinates.
Both counsels later submitted their written addresses which were adopted by the court, and the presiding judge, Justice Adokeme, thereafter fixed November 4, for ruling.
It would be recalled that the publisher, while taking photographs of personalities during the occasion of N100 billion Akassa Foundation Development Appeal Fund launch, was assaulted by soliders attached to JTF, allegedly on the order of the chief details to the Governor.