A Federal High Court in Lagos has fixed June 19 for further adoption of oral evidences in a suit against the Nigerian Customs Service (NCS) over assault on a journalist, Otunba Olomofe.
The trial judge, Justice Abdulazeez Anka, fixed the date after a cross-examination of the applicant by the respondent.
The Lagos branch of the Nigerian Union of Journalists (NUJ) had filed the suit on behalf of the Badagry-based journalist seeking the enforcement of his fundamental rights to life, freedom of expression and the press
Joined as respondents in the suit are the then Comptroller-General of customs, Mr. Abdullahi Diko Nde, Seme Area Controller of customs, Mr. Muhammed Ndalati, and a Deputy Comptroller of customs, Mr Emmanuel Nkemdirim.
Others include: Ibrahim Turaki an Assistant Comptroller of customs at Seme. Sam Madubueke alias â€œbig Sam of Ibiye,â€, Suleiman Momoh alias â€œBasket,â€ one Elijah and Shehu.
At the last adjourned date on April 25, the applicant (Olomofe) had commenced oral evidence and had told the court how he was assaulted by some men at the premises of the NCS at Seme.
He told the court that he was tortured and brutalised and eventually dumped in a pit.
When the case was called on yesterday, Olomofe was led in cross-examination by the respondentâ€™s counsel, Mrs. O. Adaoibi and Mr. C.C Ifediora.
On the question whether he believed that the NCS Seme was harbouring smugglers, Olomofe replied yes.
He said the Seme NCS had done everything to shield the sixth to eight respondents and their gang from justice, adding that they were all paid hands of the Seme customs command who had curiously continued to enjoy their protection.
When asked further to identify the spot and in whose presence the assault took place, Olomofe said: â€œI was attacked initially on the threshold of the office of fourth respondent (Turaki) in the presence of the Ndalati, Nkemdirim, and Turaki, (second to fourth respondents)
He said he was then physically carried to a refuse pit near the Seme customs warehouse by the sixth to eight respondents, adding that the gory incidence was still fresh in his memory.
After cross-examination, Justice Anka fixed June 19, for adoption of further oral evidence.
At the last adjourned date, Olomofe had informed the court of his ordeal at the NCS Seme.
He said: â€œOn that fateful day, I received a call from Ibrahim Nuhu Turaki who is an Assistant Comptroller in charge of Import at the Seme area command of the NCS;
â€œA colleague, Mr. Mc Dominic Nkempyie, who works with the Tide Newspaper, had earlier sent a questionnaire to the command.
â€œThe questionnaire requested for comment on the smuggling of light arms and ammunition, trafficking of persons, importation of prohibited poultry and dairy products, which are all under the prohibition list of the country.
â€œI went in the company of Nkempyie Â and we arrived there at about 5p.m. and reported to the customs area Public Relations Officer, who took us to Turakiâ€™s office.
â€œOn our way to his (Turaki) office, I observed the presence of Momoh, Madubueke, Elijah and Shehu; I was ushered into Turakiâ€™s office by the PRO, and Turaki insisted that the PRO should stay and be a part of the meeting.
â€œHe also sent for the Deputy Comptroller (Nkemdirim), the Pro Ernest Olota and then asked Madubueke, to come into his office and be a part of the meeting.
â€œIn response to the questionnaire, Turaki and Nkemdirim explained to us that these questionnaires were not meant for a question and answer segment, adding that as journalists, we could get to the root of investigations and gather our reports.
â€œThey therefore said that they could not answer the questions.
â€œAfter the meeting, we made to leave but then, Ndalati (Seme area controller) came to the threshold of Turakiâ€™s office and said to Turaki and Nkemdirim â€œboth of you have saved this journalist from my firing squad today, otherwise, there would have been ambulances to convey casualties from here.â€
â€œI immediately said I was sorry and that I meant no harm but only bent on promoting good relationship with the NCS, and then I respectfully opted to leave.
â€œBefore I could move out, I was pounced upon by some ferocious men led by Momoh, Shehu and Elijah who were notorious for their border activities; and I heard them sayng: â€œYou will die here today, so that journalists will learn to leave border alone.
â€œI was beaten to stupor with one of eyes almost blind with blood, and then dumped in a pit; and from the pit, I heard Ndalati telling the others that they had beaten me enough, adding that it will now serve as a warning to other journalists.
â€œFollowing concerns and insistence of Â some passersby who identified me as a well known journalist, as well as attentions drawn to me in the pit, I was then taken to the Customs Mess Clinic.
â€œThere at the clinic, Turaki came and apologised to me, adding that I was not the target but that they had wanted to maim Mc Dominic Nkempyie.
â€œI was then taken to another hospital in Badagry and on my way from the hospital, I stopped over at the police area K command to make a statement.
â€œEventually, I was taken to Mecure diagnostic centre at Oshodi for several diagnostic tests,â€
According to Olomofe, he still suffers trauma in his left eyes as a result of the assault meted on him.
He, therefore, urged the court to allow justice prevail.
In his suit, the applicant is claiming the sum of N500 million as damages against the NCS, for the assault he suffered at Seme border post of the NCS.
Olomofe is also asking the court to declare that the respondents infringed on his right to life â€œas guaranteed by Section 33 (1) of the 1999 Constitution.â€.
He also wants the court to declare â€œthat the assault done to him in the course of discharging his professional duties and obligations, constituted an infringement on his rights to freedom of expression and the press.