By Abdul Razaq Ibrahim, Abeokuta
A legal counsel and the Director of Prisoners’ Rights Advocacy Initiative, Mr Ahmed Adetola-Kazeem has declared intent to take a contempt action against the Department of State Security Service and its Director General, Mr Lawal Musa Daura for failure to release an Islamic cleric in its detention despite a competent court judgement.
The cleric, Abdul-Ganiyy Jimoh Ibrahim and his wife, Muinat Abdul-Ganiyy were in June 2014 abducted in their Sango-Otta residence and their whereabouts unknown until the heavily- pregnant wife was later released from the Abeokuta office of the DSS, having observed that the woman’s expected delivery date was near.
The Islamic cleric had through his legal counsel, Adetola-Kazeem filed a suit marked FHC/AB/CS/84/2014 before a Federal High Court holden in Abeokuta, challenging the activities of the Department of State Security Service and his continuous detention.
Counsel to DSS, Aisha Gyang has argued before the court that the applicant was being detained for terrorism-related matters which prompted his detention.
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But, Justice Folake Ogunbanjo of an Abeokuta Federal High Court, in a judgement delivered about three weeks ago held that the continuous detention of the cleric without proper trial in a court of competent jurisdiction was unlawful, unconstitutional and violation of fundamental rights to dignity of person, personal liberty and freedom of movement.
Justice Ogunbanjo further ruled that the continuous detention of the applicant without informing him of the details of the nature of his offence and access to his lawayer and family members was in fragrant violation of constitutional provisions.
While quoting Section 35 (4) of the constitution of Federal Republic of Nigeria 1999 (as amended), the Presiding Judge, however ordered the immediate release of the applicant and granted N1 million as general damages from the Department of State Security Service to the detained.
Meanwhile, Adetola-Kazeem, the counsel of detained Islamic cleric, who spoke with some journalists on phone in Abeokuta, revealed that the DSS “is yet to obey the orders of the court despite making a copy of the judgement available to it.”
According to a letter dated 25th June, 2015 and addressed to the Director-General of DSS, a copy of which was made available to our correspondent, Adetola-Kazeem had forwarded a Certified True Copy of the ruling to the agency, adding that someone simply identified as Rose received the document of behalf of the agency with inscription ‘Original Copy collection ted by Rose, 29/06/15. 12:00hrs).
Adetola-Kazeem stated that over a week since the letter had been received, the agency was yet to take any action on the said letter neither has it obeyed the court orders given about three weeks ago, adding that he might be left with no other option, but to institute a contempt proceeding against the parties involved in the matter.
However, reactions from Abeokuta Office of the Department of State Security Service were not forthcoming since efforts to get the agency’s reactions proved abortive and calls put across to them was unanswered as of the time of filing in this report.