A Federal High Court in Abuja has ordered the Department of State Services, DSS, to pay a fine of N5 million over the unlawful arrest and detention of an Abuja-based commercial driver, Sanusi Shuaib.
The court ordered that the N5 million must be paid to the detainee, while it also ordered the DSS to immediately release him, having held him in detention without trial since January 16, 2023.
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Justice Mobolaji Olajuwon, in a judgment on Thursday held that the DSS flagrantly flouted Section 35 of the country’s Constitution, which prohibited the detention of any Nigerian beyond a maximum period of 48 hours without an order of court.
The Judge said the DSS, on March 29 last year, got an order from 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 since the DSS did not apply to the court for an extension of t20-dayays 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.
The detained driver had, through his lawyer, 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 his arrest, accused him of being in possession of firearms for some terrorists and that he had since remained in the custody of the respondent.
The applicant prayed for his release and N50 million in compensation for the unlawful detention.
Justice Olajuwon in the judgment that the fundamental rights of the applicant to freedom of movement had been breached by the DSS.
He 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 a 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 a fresh investigation be conducted into the allegations against the driver, which was never done.
The judge, therefore, nullified the continued detention of the driver and ordered his immediate release from DSS custody in Abuja.
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