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From Godwin Tsa, Abuja
A student of the Kaduna State University, Umar Faruq Ibrahim has threatened to commence committal proceedings against the Director General of the Department of State Security (DSS) over his continued detention in flagrant disobedience to a judgment of a Federal High Court.
Justice Hadiza Shagari of the Kaduna division of the Federal High Court had in her judgment ordered the secret security service to release the undergraduate from its custody forthwith.
She equally granted an order of the payment of the sum of N5m being damages for the unlawful arrest and detention of the applicant by the DSS from November 26, 2018 till date.
The judge in her judgment in the fundamental rights enforcement suit filed by the detained student of Islamic Studies, restrained the DSS from further arresting him without due legal process after declaring his arrest and detention from November 26, 2018 till date as unconstitutional, unlawful and illegal.
Justice Shagari in her judgment held “from the totality of this case, i.e. the facts and circumstances, it is my humble view to state that the respondent (DSS) arrested and detained the applicant in the course of their duties as law enforcement agency of the Federal Republic of Nigeria.
“But that after they have concluded investigation and a prima facie case was established, that the applicant was a member of a religious sect and he is involved in an act of terrorism, the respondent stated that they transferred the applicant to a military camp at Kainji, Niger State.
“This fact has not yet been established by the respondent because his whereabouts is still unknown to the court and the applicant’s family, there is no record indicating that the applicant is at Kainji or any other place since 2018 till date, which act of the respondent violated the fundamental rights of the applicant.
“As far as the court is concerned, the applicant is still under the respondent’s custody and they are mandated to arraign him before a court of competent jurisdiction forthwith.
“I, therefore, grant all the reliefs sought against the respondent as the applicant’s fundamental rights as encapsulated under section 34 and 35 of the 1999 constitution have been violated, ” Justice Shagari held.
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However, from October 25, 2021 when the judgment was delivered till date, the applicant has not been released from the defendant’s custody.
This development has informed counsel to the applicant, Bello Lukeman Ibrahim, to write a demand letter addressed to the Director General of the DSS, on the need to comply with the judgment of the court.
The lawyer informed the DSS boss of the intention of his client to commence committal proceedings against him if the judgment is not executed.
The letter dated April 19, 2022 reads in part: “We are solicitors to Umar Faruq Ibrahim hereunder called our client, the applicant in the fundamental rights proceedings: FHC/KD/CS/26/2021; between Umar Faruq Ibrahim Vs Department of State Service and on his behalf we write.
“Judgment was entered against your office on October 25, 2021 by the Federal High Court sitting in Kaduna, but your office has refused to comply with the express letter of the judgment hence this demand.
“We demand for execution of this judgment forthwith failing which we shall commence committal proceedings as the applicant has remain in detention without any charges far above the period envisaged by the law,” the letter reads.
Court documents revealed that sometimes in November 26, 2018, the DSS raided Unguwar Shanu quarters of Kaduna State, where the applicant was picked and brought to the headquarters of the agency and has been in detention since then.
The DSS had during the hearing of the suit told the court that the applicant was arrested on reasonable suspicion of having committed the offence of involvement in suspected activities of terrorism.
