APC's office invasion: Judge to entertain suit December 1

(NIGERIA) Justice Mohammed Yunusa of a Federal High Court sitting in Ikoyi, Lagos today set aside December 1, 2014 as the date to entertain the suit initiated by the All Progressives Congress (APC), against the Department of State Security (DSS).
It would be recalled that the opposition party had accused the DSS of invading its Ikeja office, leading to the arrest of five of its staff which included Chinedu Atuche, Fayemi Olaposi, Augustine Onuchukwu, Ebun Ilori, and Esther Enemy.
The judge arrived at the decision, consequent upon the inability of the DSS to produce in court the detained workers held in the detention of the DSS.
Justice Yunusa had earlier directed that the DSS and the Nigeria Police should produce the affected APC workers in court on Friday.
The judge also ordered the DSS to unseal the building where the arrest took place, even as he granted an interim injunction restraining them from further shutting the building or taking any step in connection with the property, pending the determination of the substantive suit.
During proceedings on the matter, lawyer to the DSS, Peter Okerinmodun informed the judge that his client was not aware of the court's order.
According to the lawyer, "My appearance today is from what I read in newspapers. One newspaper said the matter came up at Ikeja (High Court).
"I made contact with (SSS) headquarters to ascertain the authenticity. They said there was no service on them. Even as at this morning, nobody has confirmed. So I was not briefed."
In his submission, counsel to the APC, Professor Yemi Osibajo (SAN) intimated the court that both the police and the DSS were duly served, but the latter refused to accept service at their Lagos office.
The SAN said, "The first respondent (the Nigerian police) were served here (Lagos) and in Abuja. We also served the second respondent (SSS).... In pursuant to the orders of this court, same processes were served in Abuja and they were accepted. Proof of service is in the court's file.
"The DSS ought today, in obedience of the orders of my lord, to produce the five applicants."
But in responding, the DSS lawyer argued that, "I want to get across to Abuja whether they have collected the service. We are never known for disobeying my lord's orders."
However interjecting, Professor Osibajo noted that
the judge's orders were unambiguous. According to him, "We are just worried that these individuals have been in detention since Saturday."
But Justice Yunusa maintained that he believed
Okerinmodun because he "had been a good lawyer" in his court.
The judge said, "This matter is adjourned till Monday to enable counsel to the second respondent to comply with the orders of the court."
Specifically, APC and the detained staffs had initiated an action before the court seeking an enforcement of their fundamental rights.
But the DSS explained that its raid was sequel to a petition it received alleging unwholesome activities inside the building at the location.
It said, "Based on this information, the service placed the building under surveillance and having been convinced that some unwholesome activities were going on in the building, it undertook a raid of the premises.