A Federal High Court sitting in Minna has ordered the Inspector General of Police and the Department of State Service to produce one, Mohammed Ahmadu, an alleged bandit in Court for arraignment within 48 hours.
The suspect was arrested on 17th November, 2021 on suspicion of banditry and terrorism and has not been charged to Court since then, a development the Court frowned at, saying that could be an infraction on his fundamental human right.
The court also ordered the payment of the sum of N65 million to the applicant by the respondents for all he suffered and the agony he was subjected to as a result of his arrest.
After his arrest, his house which he was living in Albishir area of Minna metropolis was demolished on the order of the then Commissioner for Internal Security in Niger State Mr Emmanuel Umaru on the allegation of belonging to a gang of notorious terrorist and bandits group.
His lawyer, family members did not have access to him since arrest in November, 2021.
Delivering judgment on the enforcement of the fundamental right of the applicant as brought by his Counsel, Barrister Mohammed Tsado Mohammed, Justice Aminu Garba held that the action of all the respondents in suit is not within the purview of the law.
He further submitted that the arrest and unlawful detention of the applicant without trial is a gross violation of his right and the demolition of his building by the third and fifth respondents is illegal, malicious, null and void.
According to Justice Garba Mohammad, “in the whole it is clear from the fact of this case, as established by the process of the parties that the applicant has been arrested on November,17, 2021 since then he was not arraigned before the court of law for prosecution.
“The family of the applicant and his lawyer were not allowed access to the applicant.
“The house of the applicant was demolished on the ground that the house was acquired through the proceed of crime.
“In all of the above it was based on mere allegations that the suspects is a notorious kidnapper, armed robber and in unlawful possession of fire arms” Justice Garba held.
He submitted further that “in all these the applicant was never arraigned before any court and be prosecuted and sentenced by court of competent jurisdiction.
“This is a clear case of violation of applicant’s fundamental right under section 36 (5 and 6) paragraph C and section 43 of the 1999 Constitution of Federal Republic of Nigeria as amended”, he declared.
In an interview with Journalists shortly after the Judgement, the lead counsel to the applicant, Barrister Mohammed Tsado Mohammed noted that the Judgement has further rekindle the hope of the common man.
He stated that for a common man to file a law suit against state government, the Inspector General of Police and the Director General State Security Service and to get Judgement against the respondent is worthy of commendation.
He thanked the Judge for his boldness and his courage for delivering the Judgement at this point in time.
In his own remarks the Chief State Counsel in the Office of the Attorney General’s Chamber, Barrister Mohammed Aliyu Kutigi told Journalists that they will appeal against the judgement on some grey area.
He said the Office of the Attorney General is preparing the necessary documents to file and appeal the Judgement.
