From Ighomuaye Lucky,Benin
AN Edo State High Court, sitting in Benin City, has dismissed a Motion on Notice, bordering on alleged infringement on fundamental rights filed by one Mr. Ayokotse Robinson against the Nigerian Army, Nigeria Security and Civil Defence Corps (NSCDC) and Seven others.
The Respondents in the Suit marked B/CD/2185m/2021 are Benson Ayokotse, Elder John Arukusi (Toto), Roland Maye, Daniel Ayokotse, Sunny Modukpe Jacob, NSCDC, Nigerian Army, Chief of Army Staff, Commandant, Nigerian Army 4 Mechanised Brigade, Benin City, ( 1st -9th Respondents ).
Delivering the judgement, Justice (Mrs.) R. Irele-Ifijeh while dismissing the application in its entirety, said that the Applicant could not discharged the burden of proof required of him by the law.
Justice Irele-Ifijeh held that “Where the aggregate of facts and evidence relied on to establish the proof of breach of rights weighs against evidence of non breach of rights, the issue will be resolved against the Applicant.
“It is not clear how the 1st to 5th Respondents breached the fundamental human rights of the Applicant. The Applicant must have to prove his case first, if he fails to do so his application is thrown out.
“The affidavit in support and the annexures show that the Applicant has not established the role the 1st, 3rd to 6th Respondents played in the alleged event of 18/11/2020.
“The Applicant having not proved the breach of his fundamental rights is not entitled to the grant of perpetual injunction”.
The Applicant, Mr. Robinson had told the court that he was allegedly banished and forced into exile from his Kolokolo Community in Edo State by the 1st to 9th Respondent sometime November 18, 2020.
He thereby prayed the court for amongst others A declaration that his purported banishment/ forced exile by the Applicants contravenes
Section 41 of the 1999 Constitution of the Federal Republic of Nigeria (as Amended).
The Applicant also sort “An Order of Court awarding the sum of N800,000,000 (Eight Hundred Million Naira) jointly and severally against the Respondents as both general and punitive damages for the unlawful banishment.
