A counsel to the Department of State Services (DSS), G. O. Agbadua, has given reasons why journalist Jones Abiri, was not given a trial for the two years he spent in detention.

Abiri was arrested by DSS in 2016 and accused of being the leader of the joint revolutionary council of the Joint Niger Delta Liberation Force, a separatist group.

Abiri, the publisher of Weekly Source Newspaper, was arraigned for the first time after two years in July following public outcry. Abiri was granted bail in August.

Thereafter, the Bayelsa-based journalist asked the Abuja federal high court to compel the federal government to pay him N200 million as compensation for spending two years in detention.

Abiri said he was tortured by the DSS while in detention.

However, at the court on Monday, DSS lawyer explained that when a capital crime has been committed as in the alleged case of Abiri, a person can be held in detention without a trial.

“Section 30(3) of ACJA where a suspect is taken into custody and it appears to the police officer in charge of the station that the offence is of a capital nature, the arrested suspect shall be detained in custody, and the police officer may refer the matter to the attorney-general of the federation for legal advice and cause the suspect to be taken before a court having jurisdiction with respect to the offence within a reasonable time,” the counsel said.


“It is of individual right to national security and rule of law, the state itself was a result of individuals submitting their powers, their rights to the state for protection.


“Reading those provisions, we are of the view that since it’s individual right, it cannot supersede that of the national security and that bail in capital offence is not as of right.”


Apparently displeased with Agbadua’s statement, Samuel Ogala, counsel to Abiri, disagreed with the DSS lawyer.
Abiri’s counsel argued that his client’s detention was illegal and there is no court order to that effect.

“What is rule of law and national security? It is the duty and responsibility of the court to say yes, this case is a capital offence or whether an applicant is entitled to bail or not,” he said.
“It is not the responsibility of the state security service to sit in their office, arrest, detain and punish a person.
“The issue of rule of law and national security is very clear, what I want the court to understand is that the applicant’s detention is criminal intimidation and it is punishable.”
After listening to counsels, the presiding judge, Justice Nnamdi Dimgba, adjourned the matter till September 13.

https://www.clintgist.com/detained-jones-abiri-2-years-without-trial-dss/

Any reason to justify their action.

2 years is not that much though

That's about 24 months/96 weeks/672 days

Before you know it, 2 years don reach ASAP

This is why I don’t trust Buhari and his APC gang

ClintGist:
A counsel to the Department of State Services (DSS), G. O. Agbadua, has given reasons why journalist Jones Abiri, was not given a trial for the two years he spent in detention.

Abiri was arrested by DSS in 2016 and accused of being the leader of the joint revolutionary council of the Joint Niger Delta Liberation Force, a separatist group.

Abiri, the publisher of Weekly Source Newspaper, was arraigned for the first time after two years in July following public outcry. Abiri was granted bail in August.

Thereafter, the Bayelsa-based journalist asked the Abuja federal high court to compel the federal government to pay him N200 million as compensation for spending two years in detention.

Abiri said he was tortured by the DSS while in detention.

However, at the court on Monday, DSS lawyer explained that when a capital crime has been committed as in the alleged case of Abiri, a person can be held in detention without a trial.

“Section 30(3) of ACJA where a suspect is taken into custody and it appears to the police officer in charge of the station that the offence is of a capital nature, the arrested suspect shall be detained in custody, and the police officer may refer the matter to the attorney-general of the federation for legal advice and cause the suspect to be taken before a court having jurisdiction with respect to the offence within a reasonable time,” the counsel said.


“It is of individual right to national security and rule of law, the state itself was a result of individuals submitting their powers, their rights to the state for protection.


“Reading those provisions, we are of the view that since it’s individual right, it cannot supersede that of the national security and that bail in capital offence is not as of right.”


Apparently displeased with Agbadua’s statement, Samuel Ogala, counsel to Abiri, disagreed with the DSS lawyer.
Abiri’s counsel argued that his client’s detention was illegal and there is no court order to that effect.

“What is rule of law and national security? It is the duty and responsibility of the court to say yes, this case is a capital offence or whether an applicant is entitled to bail or not,” he said.
“It is not the responsibility of the state security service to sit in their office, arrest, detain and punish a person.
“The issue of rule of law and national security is very clear, what I want the court to understand is that the applicant’s detention is criminal intimidation and it is punishable.”
After listening to counsels, the presiding judge, Justice Nnamdi Dimgba, adjourned the matter till September 13.

READ MORE https://www.clintgist.com/detained-jones-abiri-2-years-without-trial-dss/

cc; lalasticlala, Mynd44

If this lifeless President should come back again hmm it will be worse.

SolutionMee:


2 years is not that much though

That's about 24 months/96 weeks/672 days

Before you know it, 2 years don reach ASAP

you will have a taste of what this man experience too then come and tell us your view again.

Buhari and his dogs have trampled on human rights in the name of national security.

Arresting and detaining someone for two years without court order or warrant is tantamount to the military junta.

lame excuse

The only difference between this APC government and Yahoo boys is just Laptop

Bhhari is a bastard kidpnapper

National security over humanity....I laff this government.

Why are we surprised sef...before he became president, he threatened to shut the media, threatened freedom of speech.

Talk of national security, Indians took Nigerian telecom jobs to India, the government did nothing. Talk of national security, no labour law guiding the activities of foreign firms.....

SolutionMee:


2 years is not that much though

That's about 24 months/96 weeks/672 days

Before you know it, 2 years don reach ASAP

You try wehweh...like you can stay for a week without seeing, not even the Sun, but the sky.

Buhari have thrown out human rights to the dogs.

Nonsense

There are three arms of government - Executive, Legislature and Judiciary.

Legislative arm makes the law, Judiciary interprets the law while the Executive enforces the law. With that being said, now read the statement below;

“Reading those provisions, we are of the view that since it’s individual right, it cannot supersede that of the national security and that bail in capital offence is not as of right.”

The statement can be misleading. The pertinent question is...who decides if the matter is one of "national security"?

toluxa1:
The only difference between this APC government and Yahoo boys is just Laptop

and the police officer may refer the matter to the attorney-general of the federation for legal advice and cause the suspect to be taken before a court having jurisdiction with respect to the offence within a reasonable time,”

So a reasonable time in the mind of the Attorney general of the Federal Republic of Nigeria is two years?

So 2years na "reasonable time" ba






They keep saying National Security and Rule of Law as though it is the new word in their dictionary

If I were the journalist, I would be laying claims of about 1 billion naira compensation. I mean the DSS have absolutely no reason to justify their illegal detention of the said journalist.

Let them keep supporting Tyranny and playing the Ostrich.

Racoon:
And so was he convicted of this silly allegation No! So the poor man should inturn sue the DSS for violation of his basic rights.Meanwhile this is a man the government have consistently denied they dont have him in custody during the same duration of time.

when a government join the lying crue, that government cease to have credibility. what is it that FG have not lied about? almost everything

DSS really goofed on this guys case. Very criminal.


They should pay the man and let’s move on.

SolutionMee:


2 years is not that much though

That's about 24 months/96 weeks/672 days

Before you know it, 2 years don reach ASAP

Nice!

Kindly check into the nearest police cell for 2 years.

Tenkiu.

No reason is good enough for this.

OK, you had a reason for locking him up for 2 years, right?

What reason have you for releasing him now?

I wonder if that reason is not enough for you not to detain him for 2 years.

This regime is too oppressive.

Power of impunity,perpetuality and autocracy come to played.Agbadua to eat his words very soon.

While National security and interest might in certain circumstances supercede individual rights, I do not believe that the degrading and dehumanising treatment meted to people is part of advancing national interests.

Even the individual deserves to be protected from the caprices of the government.

There Are Plenty More Being Held Indefinitely By This Administration.The Blatant Disregard For Individuals Rights Is Unbelievable.And People Are Still Rooting For His Re-election

There was a country.

I made a post on the need to overhaul our public prosecution. It is so flawed. Imagine what the counsel to DSS is spilling; rule of law! When he first not even follow the rule in the first place. A magistrate was supposed to at least sign off on the arrest warrant. But no, they got the guns and a black Ford Ranger waiting. Two years off a man's life and no single rational explanation for the secret police.

The Police Act permits a lot of sins by both the NPF and DSS.