Yoruba activist, Sunday Igboho has taken the federal government and the Department of State Service to court.
Igboho dragged FG and DSS to the Federal High Court sitting in Abuja, begging the court to mandate and compel the DSS and its Director-General, to produce the 12 people arrested in Igboho’s house on July 2 and inquire into the circumstances constituting the grounds of their arrest and detention since that day.
The counsel, Chief Yomi Aliyu (SAN) in a Motion Exparte filed before the court pursuant to Section 32 (1) and (2) of the Administration of Criminal Justice Act 2015 and Sections 6 (6) (b), 35 940 and 36 (5) of the Constitution of the Federal Republic of Nigeria 1999 (as amended and under the inherent jurisdiction of the court further asked that the court gives an order compelling the DSS to produce the 12 people in court and show cause why they cannot be granted bail in accordance with the provisions of Section 32 ACJA 2015 and other extant laws of Nigeria.
The motion delineated FHC/ABJ/CS/647/2021, further asked the court for any such orders it may deem fit in the circumstances.
The 12 people who are applicants in the motion are Abdullateef Ofeyagbe, Amoda Babatunde aka Lady K, Tajudeen Erinoye, Diekola Ademola, Abideen Shittu, Jamiu Noah, Ayobami Donald, Adelabe Usman, Oluwapelumi Kunle, Raji Kazeem, Taiwo Opeyemi and Bamidele Sunday.
The ground upon which the motion filed against the Directorate of State Security Services was predicated includes the allegation that since their arrest and detention, efforts by their lawyers to gain access to them and offer legal representation as stipulated by the law has been frustrated by the State Security Service who had denied them access to lawyers and family members.
Also, Chief Aliyu (SAN) in the motion stated that despite the clear provisions of the law, which place responsibility on law enforcement agencies to charge suspects within 24 hours of arrest, the DSS has flagrantly disobeyed the provisions of the law and continued to keep the 12 people in detention without any charge proffered against them before a court of competent jurisdiction.
He stated further that the applicants are aware that they enjoy the constitutional protection of the presumption of innocence as well as a fair trial within a reasonable time under the applicable laws of Nigeria.
The motion was supported by an eight-paragraph affidavit deposed to by Binta Baldeh Geena, a female litigation secretary in the law firm of counsel to the applicants, a five-paragraph written address in support of the motion signed by Chief Aliyu and five other lawyers and an exhibit tagged Exhibit A, which is a letter from the counsel to the DSS to request for a visit to their clients which was certified to have been received on July 8.
Also attached to the motion was an 11-paragraph affidavit of Extreme Urgency and an affidavit of non-multiplicity of action, also deposed to by the same litigation secretary, Binta Baldeh Geena, on July 8, 2021.
No date has been fixed for the hearing of the motion Exparte.