(NIGERIA) Five staff of the All Progressives Congress (APC), arrested and detained by operatives of the Department of State Security (DSS) last week, were today set free by Justice Mohammed Yunusa of a Federal High Court sitting in Ikoyi, Lagos.
The court specifically released Chinedu Atuche, Fayemi Olaposi, Augustine Onuchukwu, Ebun Ilori, and Esther Enemy who were all arrested on November 22, 2014 after operatives of the DSS, accompanied by police officers, allegedly raided a building belonging to the opposition party, said to be its data office at Allen Avenue, Lagos.
The judge in his ruling declared that the detention of the applicants for more than a week without charging them to court was not justifiable.
According to Justice Tunisia, "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."
The judge then issued a restraining order against the DSS from further arrests of the applicants pending the determination of the substantive suit.
Justice Yunusa equally ordered the applicants not to travel outside the country without informing the court.
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 had 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.
At the last proceeding 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.
The matter has been adjourned till January 19, 2015 for hearing.
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