Court Orders DSS To Release Detained APC Employees

Court Orders DSS To Release Detained APC Employees

A Federal High Court in Lagos, on Monday, ordered the release of five employees of the All Progressives Congress (APC), detained by operatives of the Department of Security Service (DSS).
‪The detained workers are: Chinedu Atuche, Fayemi Olaposi, Augustine Onuchukwu, Ebun Ilori, and Esther Enemy.

They were arrested on Nov. 22, when officers of the DSS, accompanied by the police, raided a building which houses the APC's data office at Allen Avenue, Ikeja, Lagos.
The DSS said the raid was informed by intelligence report that some unwholesome activities were being perpetrated within the said building.
Justice Mohammed Yunusa ordered their release on Monday, while ruling on a fundamental rights suit, filed by Prof. Yemi Osinbajo (SAN) on behalf of the applicants, seeking enforcement of their fundamental rights.

Also joined in the suit is the Nigeria Police Force.
‪Yunusa held that a citizen could not be detained beyond 48 hours without being charged to court.
According to him, if there is any need to extend the detention period, the law enforcement agency is required to file an application before a court for a review.
He therefore held that the detention of the applicants for over a week without being charged to court was unjustifiable.

‪``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 the provisions of Section 35, since the applicants were not properly brought before a court of competent jurisdiction.
``The remand order, whether valid or invalid, has exceeded the time limit permitted as reasonable, by Section 35 of the Constitution.

``The same arrest and detention of the applicant is illegal and they are hereby released," Yunusa held.
‪The judge also, made an order, restraining the DSS from further arresting the applicants, pending the determination of the substantive suit.

‪He also ordered the applicants not to travel outside the court's jurisdiction without approval.
He adjourned the case to Jan. 19, 2015 for hearing.
Earlier, counsel to the DSS, Mr Clifford Osagie, had said that the agency was unable to produce the applicants at the last adjourned date because they had received the court's order late.
‪He said that the Director General of the DSS was only notified of the order on Friday, and had immediately directed compliance, adding that they had also filed their processes before the court.
‪Responding, Osinbajo, told the court that he only received the processes of the respondent on Monday morning.
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He however, maintained that the continued detention of the applicant was a flagrant abuse of their freedom, and should not be allowed to continue.
SOURCE: Daily Times