Alledged terrorist arrest; FHC order IGP, DSS to produce suspect within 48 hours
BABA-UTHMAN
The Federal High Court sitting in Minna, the Niger state capital has issued an order compelling the Inspector General of Police, and the Director General state Security service (DSS), to produce in court within the next 48 hours an alleged terrorist and bandit Mohammed Ahmadu
The court also gave another order that the payment of N65 milion be made to the applicant by the respondents for all the challenges he went through as a result of his arrest.
The plaintiff Mohammadu Ahmadu was arrested on 17 of November 2021, his house was demolished in Albishir area of Minna on the order of the then Commissioner for Internal security in Niger State Mr Emmanuel Umaru on the allegation of belonging to a gang of notorious terrorist and bandits group.
Since his arrest in November,2021 his whereabout was not known by his family and his counsels could not trace his whereabout.
Delivering judgement on the enforcement of the fundermental right of the applicant as brought by his Counsel Barrister Mohammed Tsado Mohammed, Justice Garba Mohammad held that the action of all the respondents in the suit is not within the purview of the law as the arrest and detention of the applicant without trial is a gross violation of his right and the demolition of his building by the third and fifth respondents is illegal malicious null and void.
According to Justice Garba Mohammad, “it is clear from the fact of this case, as established by the parties that the applicant has been arrested on November,17,2021 and was not arraigned before the court of law for Prosecution”.
” The family of the applicant and his lawyer were not allow access to the applicant.The house of the applicant was demolished on the ground that the house was aqcuired from the proceed of crime and all these wer above mere allegations Justice Garba posited
” This is a clear case of violation of applicant fundamental right under section 36 (5 and 6) paragraph C and section 43 of the 1999 Constitution of Federal Republic of Nigeria as amended”
Speaking with reporters shortly after the Judgement the lead counsel to the applicant Barrister Mohammed Tsado Mohammed explained that the Judgement has given hope to the common man.
He stated that for a citizen to filed a law suit against state government, the Inspector General of Police and the Director General state Security service (DSS) and get Judgement against the respondent goes to show the independence of the Judiciary.
He thanks the judge for his boldness and his courage for delivery the Judgement at this point in time.
Chief state counsel in the office of the Attorney General Barrister Mohammed Aliyu Kutigi in his reaction said the state will appeal against the judgement also challenge some grey area in the Judgement.
He said the office of the Attorney General is preparing the necessary documents to file an appeal
