A Federal High Court in Lagos has faulted the detention by men of the Department of State Service, DSS, of five All Progressives Congress, APC, staff, on 22 November, as ‘unjustifiable’.
The arrested persons are Chinedu Atuche, Fayemi Olaposi, Augustine Onuchukwu, Ebun Ilori, and Esther Enemuwe.
Justice Mohammed Yunusa, on Monday, freed the affected persons, stating the DSS breached Section 35 of the Constitution.
“The arrest and detention of a person for the purpose of obtaining information is clearly a violation of Section 35 of the Constitution. It is clear that there is a contravention of Section 35 and the applicants were not properly brought before a competent court of jurisdiction,” Yunusa said.
Clifford Osajie, counsel to the DSS, argued that releasing the plaintiffs would “compromise the investigation that is ongoing, particularly that some of the applicants are at large.” Osagie urged the court to enable the DSS do its statutory duty, telling the judge the present time “very trying times.” Osagie claimed the DSS obtained a remand order for holding the plaintiffs, a claim debunked by Yemi Osibajo, counsel to the APC.
Osibajo challenged that the said remand order was obtained from a magistrate court in Kaduna, instead of Lagos where the crime was allegedly committed.
“It is incredible indeed that counsel will say there is a remand order. This perverted remand order is from a magistrate court somewhere in Kaduna. For an offence allegedly committed in Lagos,” Osibajo said.
“If there is to be a remand, it has to be a court that has jurisdiction. That is the law. Clearly, there is no basis for this purported remand order,” Osibajo added.