SMARTING from his discharge from trial over his alleged complicity in the April 14, 2014 bomb blast in Nyanya, outskirts of Abuja, Aminu Sadiq Ogwuche has challenged what he termed his continued “illegal” detention by the State Security Service (SSS).
He therefore prayed the Federal High Court, Abuja Division to compel SSS to pay him the sum of N100 million as compensation for his unlawful arrest and detention without trial.
Ogwuche approached the court through his counsel, Ahmed Raji (SAN) with an application pursuant to Order 2, Rule (1), (2), (3) of the Fundamental Enforcement Procedure rule and Sections 34, 35, 36, 37 and 42 of the 1999 Constitution seeking for the enforcement of his fundamental human right.
Joined, as defendants are the SSS and the Attorney General of the Federation AGF. But, the court struck out AGF’s name on the request of the applicant.
Arguing his application, Raji submitted that it was based on the request of the Federal Government that the Interpol placed a red alert on the applicant contrary to the impression that it was the Interpol who did so.
He also drew the attention of the court to the fact that the charge on which Ogwuche was arrested and detained had been struck out by the court for “lack of diligent prosecution.”
He said the charge was the foundation of the extradition order, which led to the arrest of the applicant.
Raji further noted that it is assumed that the state had concluded all its investigations before requesting for the extradition order.
However, he contended that further detention of the complainant in the SSS custody without arraignment is illegal and pre-judicial.
He contended that the ex parte order gotten by the SSS to detain the applicant for 90 days was a miscarriage of justice.
He also contended that Section 27 of the Terrorism Prevention Act cannot override the provisions Section 35 of the Constitution, which preserved the right to liberty of every citizen.
He however urged the court to compel the SSS to release the complainant conditionally or unconditionally, admit him to administrative bail or arraign him within 48 hours of the judgment.
He also sought for the sum of N100 million damages.
The SSS counsel, Clifford Osaghie will this morning respond to the applicant’s submission.
The court had last week struck out the two count criminal charge bothering on terrorism filed by the police against Ogwuche.
The trial judge, Justice Adeniyi Ademola had earlier struck out the charge brought by the police for lack of diligent prosecution, having been absent in court for two consecutive times.
At the early stage of the trial, there was confusion between the SSS and the Police on who to prosecute Ogwuche.
But it was however resolved that the Attorney General of the Federation will prosecute the accused but no charge has been filed from the AGF office, though the Director of Public Prosecution is always in attendance in court.
Counsel to Ugwuche orally prayed the court for an order granting the accused person access to his lawyer, family members and his doctor.
Counsel to the SSS, Clifford Osaghie did not oppose allowing the lawyer and family to visit the suspect, but however, objected to allowing a doctor to visit him.
He submitted that the service has a standard clinic and in the event of any illness, the accused will be referred to the National Hospital.
In a short ruling, the court held that the accused person should be granted access to three lawyers, and two of his family members- his wife and brother.
The court added that the service should ensure adequate medical treatment be administered on the accused and in the event of any illness, he should be taken to the National Hospital for treatment.
The accuse person had hinged the application seeking to enforce his fundamental right on ground that the SSS have kept the accused person for too long without arraigning him.
Source http://www.theguardianmobile.com/readNewsItem1.php?nid=37538 |
