Those arrested included the SCNC National Chairman, Chief Ayamba Ette Ottun and his Vice Chairman Ngala Nfor Nfor.The activists were arrested during a gathering at James Sabum's (National Organising Secretary) residence, after appearing in court for a case against them in Tiko that morning.
The litigation followed their arrest and detention on Monday, October 6, 2008, at the same venue (Sabum's residence). After the proceedings last Monday, February 23, at the Tiko Magistrate Court, the case was adjourned - for the last time - to April 6. Magistrate Mukete Tahle Itoe adjourned the case because the Prosecution Witnesses were absent. The Magistrate warned that, if by that April 6, the State Counsel, Martin Sakwe, fails to produce the Prosecution Witnesses; he was going to apply Section 3 (1) of Public Policy on the Criminal Procedure Code (CPC), dismissing the case.
Immediately after the proceedings, the activists drove directly to Pa Sabum's residence for another gathering. It was while they were having their refreshments that the District Officer, DO, of Tiko, Augustine Fonka, arrived with a truckload of armed soldiers from the Special Amphibious Battalion.
The soldiers jumped down from their truck and fell on the elderly 'freedom fighters' like a swarm of bees. They kicked and bludgeoned the activists with the butts of their guns before bundling them into the truck.
Afterwards, they ransacked the "Guest House", as the SCNC Conference Parlour is called, destroyed and confiscated plates, food flasks and chairs. Barrister Enow, who was on a prowl, was also whisked off and detained at the Mutengene Gendarmerie Brigade.
Within a twinkle of an eye, the area was inundated by lawyers who engaged in a verbal confrontation with the gendarmes. As the legal minds thronged the gendarmerie vicinity, the Mutengene Gendarmerie Commander who, ostensibly, had received instructions from above to disperse the lawyers, became confused on what to do.He accosted the lawyers yelling that his "Patron" had said nobody should be found around the premises.
The irate lawyers hurled back verbal missiles at the gendarme. Frustrated by their stance, the gendarme turned to Barrister Innocent Bonu and asked, "Maitre, you people want to put 'sansan dans mon garri'?"
As the lawyers continued to troop in, one of the soldiers got to the DO who was arguing with the lawyers and asked him to give them orders to brutalise and disperse the lawyers. In response, the DO told the soldier to take it easy. After the DO assured the legal minds that their comrade would be released soon, they piped down.
Barrister Enow was later released at about 6 pm, after taking down his statements. The SCNC activists were also granted self bail each by nightfall. The diehards went back to their usual meeting place where they had another brief meeting that night before dispersing.
After his release, Barrister Enow told The Post that their arrest was a gross violation of human rights. He described the treatment meted to the old men and women as dehumanising."I was molested during my arrest but, while in detention, they simply asked me to sit on the floor which I did. They did not allow me to call my lawyer," Enow said. He added that, while in detention, they were charged with obstruction of traffic, illegal re-union and distribution of UN flags.
Reacting to the arrest, Barrister Eta Besong Junior, President of the Bar Council, explained that there are certain provisions that must be followed before a lawyer is arrested. He, however, stated that the matter was still sub judice (still under study by the law court).
For his part, the leading defence counsel of the SCNC case, Barrister Stanislaus Ajong Anu, said the arrest, detention and subsequent release of the accused persons is ample proof that the State intends to use any means at their disposal to obtain conviction against them.
According to Anu, the intent of the authorities is to muzzle the defence, destabilise and traumatise the accused persons so that they cannot properly prepare their defence. "The defence lawyers and the accused persons are concerting and the possibility of dragging the State and some individuals in their personal names to court for such gross human rights abuse is not ruled out," said Ajong.