Order barring soldiers from Tinubu’s home subsists, says court

The order barring soldiers from the home of the All Progressives Congress (APC) National Leader Asiwaju Bola Tinubu will remain in force until the substantive suit is heard, the Federal High Court said Tuesday.

Tinubu sued the Chief of Army Staff, Lt. Gen. Kenneth Minimah over the deployment of soldiers to lay siege on his 26, Bourdillon Street, Ikoyi, Lagos home between February 9 and 11.

The former Lagos State governor is praying the court to enforce his fundamental rights.

Justice John Tsoho, on March 26, granted an interim injunction restraining the army from laying siege to Tinubu’s home.

The judge also stopped Tinubu’s arrest or detention during the period of the general elections.

He restrained Minimah and his privies from “arresting, detaining, harassing or intimidating the applicant” until the determination of the substantive suit.

The suit was adjourned for hearing Tuesday, but the applicant’s lawyer, Chukwuma Onwuemene, who stood in for Mr Femi Falana (SAN), sought a short adjournment.

Minimah was not represented by any lawyer.

Justice Tsoho recalled that the applicant had already secured an interim injunction against his arrest and intimidation by the military, which still subsists.

He said he could not give any date before the Easter vacation, which begins next Monday.

Tinubu is seeking a declaration that the siege on his home was an infringement on his fundamental human right to private and family life protected under Section 37 of the Constitution.

According to him, the military’s action violated sections 35 and 42 of the Constitution as well as Articles 2 and 5 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.

Tinubu said the siege caused him and his family “psychological and mental torture.”

His aide, Sunday Dare, who deposed to a supporting affidavit, said: “The applicant was exposed to embarrassment as many members of the public asked whether he committed any offence which warranted the siege.

“The siege portrayed him as a hardened criminal in the society.”