The Federal High Court sitting in Minna has ordered the Inspector General of Police, and the Director General state Security service (DSS), to within the next 48 hours produce an alleged terrorist and bandit Mohammed Ahmadu in court.
The court also ordered the payment of the sum of N65 milion to the applicant by the respondents for all the suffered he was subjected to as a result of his arrest.
Mohammadu Ahmadu was arrested on 17 of November 2021, and his house was demolished in Albishir area of Minna 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.
Since his arrest in in November,2021 his whereabout was not kñown by his family and his lawyer could not trace his whereabout.
Delivering judgement on the enforcement of the fundermental right of the applicant as brought by his Counsel Barrister Mohammed Tsado Mohammed, Justice Garba Mohammad 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 detaintion of the applicant without trial is a gross violation 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 allow an access to the applicant.
” The house of the applicant was demolished on the ground that the house was aqcuired on the proceed of crime.
” In all of the above it was base on mare allegations that the suspects is a notorious suspected kidnapper, armed robbery and unlawful possession of fire arms” Justice Garba held.
He submitted further that ” in all these the applicant was never arraigned before any court prosecuted and sentenced by court of competent jurisdiction.
” This is a clear case of violation of applicant 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 on the Judiciary.
He stated that for a common man to filed a law suit against state government, the Inspector General of Police and the Director General state Security service (DSS) and to get Judgement against the respondent is worthy of commendation.
He thanks the judge for his boldness and his courage for delivery the Judgement at this point in time.
In his own remarks the chief state counsel in the office of the Attorney General Chamber Barrister Mohammed Aliyu Kutigi told Journalists that they will appeal against the judgement in some grey area of the Judgement.
He said the office of the Attorney General is preparing the necessary documents to file and appeal over the Judgement.
