Unlawful detention: Court orders DSS to pay Abuja Driver N5m

Justice Mobolaji Olajuwon of the federal high court, Abuja, Thursday, ordered the Department of the State Service (DSS) to pay five million (5million), over the unlawful arrest and detention of an Abuja based commercial driver, Sanusi Shuaib. Justice Olajuwon also ordered the DSS to immediately release him after keeping him in detention without trial since January 16, 2023. The court held that the prosecution agency action contravenes section 35 of the 1999 Constitution, which prohibited detention of any Nigerian beyond a maximum period of 48 hours without an order of Court. The Judge said that DSS on March 29, 2023, got an order of the Federal High Court to hold and detain the driver for only 20 days to investigate and charge him to court if indicted for any criminal matters. The Court said that since the DSS did not apply to the court for extension of the 20 days detention period and also did not charge him to court for any offence, any detention outside the 20 days was unlawful, illegal, unconstitutional and null and void. Recall that the detained driver had through his counsel, Bala Dakum dragged the DSS before the court to challenge his detention without trial since his arrest on March 16 last year. He claimed that the DSS upon arrest accused him of being in possession of firearms for some terrorists and had since remained in the custody of the respondent. The applicant prayed for his release and N50M compensation for the unlawful detention. Justice Olajuwon in the judgment agreed that the fundamental rights of the applicant to freedom of movement had been breached by the DSS. The Judge faulted the claim of the DSS that it was granted six months to detain the driver adding that what the court granted was just 20 days. Justice Olajuwon also disagreed with the DSS that the detainee had been moved to the Military detention facility in Gwa gwa, Niger State for trial in terrorism offences adding that there was no evidence to that effect placed before the court. The Judge also faulted the claim of the security agency that the Attorney General of the Federation (AGF) and Minister of Justice gave approval for the trial of the driver. Justice Olajuwon who quoted the letter of the AGF said that the AGF office only recommended that fresh investigation be conducted into the allegations against the driver but which was never done. Consequently, the court nullified the continued detention of the driver and ordered his immediate release from the DSS custody in Abuja.

151 Days After Unlawful Detention, Court Grants Emefiele Bail 

The High Court of the Federal Capital Territory, Maitama, on Wednesday admitted the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele to conditional bail after 151 days in detention. Justice Olukayode Adegbola Adeniyi held that Emefiele had stayed in government security custody beyond the time stipulated by law. The Judge also predicated his decision on the fact that the Federal Government had completed investigation into the allegations against the former CBN Chief and had even prepared the charged against him as far as August this year. On the bail conditions, the court held that Emefiele must be released to his Senior lawyer Matthew Burkaa SAN who must produce him any day the Federal Government chooses to arraign him. Emefilele is also to deposit his travelling passport with the Registrar of the Court pending his formal arraignment. In a ruling on the application for bail argued by Mathew Burkaa, SAN, Justice Adeniyi held that it is in the best interest of justice and fair play especially the provision of section 35 of Nigeria’s Constitution to follow the rule of law. The Judge specifically said that there must be an end to detention without trial by the federal holiday. Both the FG, and AGF re-presented by Oyin Koleoso had strongly objected to Emefiele’ s request for bail on the ground that he would interfere with the November 15 arraignment but did not tell the court how the interference would be done. EFCC on its part through its counsel, Farouk Abudalla insisted that Emefiele had not spent three months in its own custody and urged the Court to refuse the bail request. Counsel to the applicant however punctured the opposition of the Federal Government adding that the claim of likelihood of interference in arraignment was speculative because his client was not declared a flight risk. He told Justice Ademiyi to disregard the claim of EFCC that Emefiele was brought to its custody only October 26. The Senior lawyer informed the Court that the former CBN boss was investigated by a team of inter Ministerial Investigators from EFCC, Police and Department of the State Security Service DSSS which jointly constituted government agency.