The N1bn fundamental rights enforcement lawsuit instituted by the publisher of Sahara Reporters, Omoyele Sowore, and Olawale Bakare, against the Director-General of the Department of State Service [DSS], Yusuf Bichi, and the Attorney-General of the Federation [AGF], Mr. Abubakar Malami will be heard by a Federal High Court in Anuja on March 25.

The duo had in separate suits prayed the court to grant them N500m each as damages for their alleged illegal detention prior to their release in December 2019.

Sowore and Bakare, who are being prosecuted by the Federal Government on charges of treasonable felony, had in November 2019, instituted their separate suits against Bichi, and Malami.

Operatives of the DSS arrested Sowore in Lagos on August 2, 2019, and Bakare in Osogbo, Osun State, on August 5, 2019, for organising a protest tagged #RevolutionNow, which the Federal Government alleged was aimed at toppling the regime of the President, Major General Muhammadu Buhari (retd).

Despite being granted bail on two occasions by different judges, the defendants were only released in December 2019 when domestic and international pressures mounted on the government to obey court orders.

At the resumed hearing of their fundamental rights enforcement suits on Wednesday, Justice Inyang Ekwo in separate proceedings on Wednesday fixed the hearing of the two suits for March 25 after granting the applications for some processes filed out of time by parties.

Sowore was present at the Wednesday’s proceedings but Bakare was absent.

Explaining Bakare’s absence, their lawyer, Marshal Abubakar said he had been confined in Osogbo, Osun State, by an order of the court granting him bail in respect of the charges.

The DG of DSS was represented by its lawyer, Isoun Awo, while Abubakar Nuhu, represented the AGF.

Sowore and Bakare who were detained in the custody of the DSS from August, till December 2019, sought N500m damages each in their separate suits.

The separate suits were filed on their behalf by their lead counsel, Mr Femi Falana (SAN).

They alleged in their suits that their arrest and the physical attack unleashed on them by the operatives of the DSS in Lagos and Osogbo on August 2 and 5, as well as their continued illegal detention by the security agency, constituted a violation of their rights.

They also alleged that the two respondents the DSS DG and the AGF violated their various rights guaranteed under sections 35, 36 and 37 of the Nigerian Constitution and Articles 6 and 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of the Federation of Nigeria, 2004.

A lawyer in their defence team, Marshal Abubakar, said the two men were detained illegally without a court order till August 8, 2019, when Justice Taiwo Taiwo of the Federal High Court gave the agency the permission to hold them for 45 days.

While still in detention, Sowore and Bakare were charged with treasonable felony and other sundry charges.

But on September 24, 2019, upon the expiration of the 45 days detention period, Justice Taiwo ordered the release of the two men.

The DSS DG refused to comply with the order and continued to hold the men in custody.

The detainees were on September 30, arraigned before Justice Ijeoma Ojukwu of the Federal High Court in Abuja.

Abubakar said on November 6, 2019, Justice Ojukwu ordered the release of the applicants upon their satisfactorily meeting of their bail conditions”.

He added that despite acknowledging the service of the release orders of the court, on November 7, the DSS DG refused to comply with the order for the release of the men.

The applicants, therefore, asked the court to declare that their arrest without warrant of arrest “is illegal as it violates” their fundamental right “to personal liberty”.

They sought asked the court to declare that “the physical attack unleashed” on them “by armed agents of the respondents” during their arrest “is illegal as it violates” their fundamental right “to dignity of person”.

They asked the court to declare that their detention from November 7, 2019 in violation of the order for their release “is illegal as it violates his fundamental right to liberty”.

They also sought an order of perpetual injunction restraining the respondents from further violating their fundamental rights in any manner whatsoever and howsoever without lawful justification.

They sought the award of a total sum of N1bn “as general and aggravated damages” for the “illegal violation of their fundamental rights” to life, dignity of their person, fair hearing, health, freedom of movement and freedom of association.