In suit filed at the state High Court, Uyo, on January 31, 2019, the PDP and 21 other chieftains of the party also joined the state commissioner of police and the All Progressives Congress (APC).
The applicants are seeking an order for the enforcement of their fundamental human rights to freedom of expression, movement, peaceful assembly and association, as well as personal liberty.
They are also seeking an order of perpetual injunction restraining the respondents, either acting alone or in concert with the one another, from violating the enjoyment of applicants’ fundamental human rights.
The applicants are equally demanding an order for the respondents, jointly and severally, to pay the sum of N100 million being punitive damages for breach of their fundamental rights.
In the reliefs sought, the applicants are seeking a declaration that they are entitled to enjoy the rights of peaceful assembly and association, freedom of movement, freedom from discrimination, and expression as guaranteed under section 40, 41, 42 and 39 of the 1999 Constitution, as amended.
The PDP Chairman, Paul Ekpo, deposed to this in a 23-paragraph affidavit.
Lead counsel to the applicants, Sam Ikpo, argued that the practice of arresting and detaining the applicants and others by the IGP and the state Commissioner of Police on the basis of phantom allegations by the APC, amounts to a breach of the 1999 Constitution, as well as the African charter on Human’s and People’s Right Act.
Ikpo averred that the APC is using the IGP and the commissioner by way of phantom allegations to instigate the illegal arrest, detention, torture and frame-up of members of the PDP.
He described the move as a sinister intention to keep them out of circulation during the electioneering period to secure for themselves, undue advantage in the general elections.
He claimed that the applicants had received credible intelligence that in the build up to the election, buses branded as PDP and vehicles bearing state government number plates, would be loaded with arms and occupied by some criminals, purporting to be heading to the APC rally.
He added that the plan is that the buses and their occupants would be arrested and the contents displayed to use it as a major security breakthrough.
In the sinister plot, he added, the criminals would be asked to mention some PDP top shots as their financiers, to warrant their arrest and subsequent prosecution under the Anti-terrorism Act.
