11th January, 2016
Akin Kuponiyi
A Lagos-based lawyer and human rights activist, Ebun-Olu Adegboruwa, has dragged the Economic and Financial Crimes Commission(EFCC) before a Federal High Court in Lagos, southwest Nigeria over the continued detention of the National Publicity Secretary of the Peoples Democratic Party(PDP), Mr Olisa Metuh.
Joined as co-respondents in the suit is the Attorney General of the Federation(AGF), Abubakar Malami.
In the said suit filed Monday, Barrister Adegboruwa is seeking for the immediate release of Metuh, who was arrested by the operatives of the EFCC on 5 January, 2016, in his house in Abuja and has been in custody ever since then.
Adegboruwa is contending that under Section 35 of the 1999 Constitution, the EFCC has exceeded the maximum time allowed by law for the detention of a citizen, without trial in court of law.
In an affidavit in support of the suit deposed to by Adegboruwa himself, the lawyer chronicled the events leading to the arrest of Olisa Metuh in his house at N14, Drive 1, Prince and Princess Estate, Abuja, by the operatives of the EFCC.
He averred that the arrest of the main voice of the opposition in Nigeria is part of the dictatorial tendencies of the Buhari administration to silence all voices of dissent.
Consequently, he is seeking the following reliefs from the court:
“A declaration that the Respondents are not entitled to arrest, detain or in any other manner restrict the liberty of the Applicant on any account without charge in flagrant violation of the Applicant’s fundamental rights guaranteed under sections 35, 38, 40 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 9, 12 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 2004.
“A declaration that the arrest of the applicant by the EFCC on Tuesday, 5 January, 2016 at his home at 14, Drive 1, Prince and Princess Estate, Abuja, constitutes a flagrant violation of the applicant’s fundamental rights guaranteed under sections 33, 34, 35, 38, 40, 41, 42, 43 and 44 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 12, & 14 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004, and is ultra vires, null and void and unconstitutional.
”A declaration that the continued detention of the applicant by the EFCC Since Tuesday, January 5, 2016 at an unknown location, without access to his lawyers, family and doctors, constitutes a flagrant violation of the applicant’s fundamental rights guaranteed under sections 33, 34, 35, 38, 40, 41, 42, 43 and 44 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 12, & 14 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004, and is ultra vires, null and void and unconstitutional.
”A declaration that the applicant is entitled to move freely in any part of Nigeria, without let or hindrance from the respondents in exercise of his fundamental rights guaranteed under sections 33, 34, 35, 38, 40 & 41 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 12, & 14 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004.
“A declaration that the Respondents are not entitled to demand for, seize, impound, detain, attach, forfeit and/or confiscate or in any other manner deal with the Applicant’s property and assets in flagrant violation of the Applicant’s fundamental rights guaranteed under sections 37, 38, 40 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 9, 12 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 2004.
“An injunction restraining the Respondents, whether by themselves, their servants, agents, officers or otherwise howsoever from further violating the fundamental rights of the Applicants through unlawful arrest and detention except and in a manner permitted and sanctioned by law.
”An injunction restraining the respondents whether by themselves, their servants, agents, officers or otherwise howsoever from further constituting a threat or hindrance to the applicant’s life, property and investments in any manner whatsoever.
“An injunction restraining the respondents, whether by themselves, their servants, agents, officers or otherwise whatsoever from further arresting, detaining, persecuting, trailing or in any other manner taking steps that may jeopardize the liberty, freedom and life of the applicant except and in a manner permitted and sanctioned by law
”An order directing the respondents, whether by themselves, their servants, agents, privies to forthwith release the application from unlawful custody.”
The matter has not been assigned to any judge neither has any date been fixed for the hearing of the suit.