A human rights lawyer, Mr Tope Temokun, has dragged the Department of Security Service (DSS) to court over alleged illegal detention of a member of the National Youth Service Corps (NYSC), Mr Olupona Adewale.
Temokun in a suit number FHC/AK/C5/29/2022 filed at the Federal High Court, Akure, sought the enforcement of Adewale’s fundamental human rights to personal liberty and freedom of movement guaranteed under Section 35 and 41 of the Constitution of the Federal Republic of Nigeria, 1999(as amended).
According to him, the arrest also violates Article 6 and 12 of the Africa Charter on Human and People Rights to Ratification and Enforcement Act(CAP.49), Laws of the Federation of Nigeria, 2004.
The News Agency of Nigeria (NAN) reports that Adewale is the applicant, and the Director-General of DSS, is the 1st respondent, while the DSS as an agency and the Director of DSS in Ondo state, are the 2nd and 3rd respondents, respectively.
The lawyer explained that Adewale, a resident of Akure, who is undergoing his NYSC programme in Ekiti State, was arrested at the premises of the Union Bank PLC, Alagbaka, Akure, on March 24, 2022 by the operatives of the DSS.
According to him, on the March 25, 2022, after being briefed by the family, B.C. Obilor Esq., a lawyer from our chambers visited the office of the DSS in Akure, with the family members to find out the reason(s) for Adewale’s arrest.
He said that both the lawyer and the family members were denied not only an access to him, but also the opportunity of knowing the reason for the arrest and detention.
“Also on March 28, 2022, the detainee’s mother and B.C. Obilor Esq. again visited the DSS office in Akure, to formally apply for bail but the officer in charge who refused to disclose his name, refused this constitutional request for the detainee to be released on bail.
“However, the officer in charge of the case demanded that we should write a letter to the director, requesting the director’s consent and approval, before we could have access to see the detainee.
“And in swift response, by a letter signed and presented dated March 28, 2022, we made the appropriate formal request as directed, but till date, we did not consent neither the approval of the director for the counsel and the detainee’s mother to see him.
“We have been left with no choice than to approach the Court to challenge this serial lawlessness of the secret police, who have perennially indulged in wearing this military toga of disrespect to the rights of Nigerians from state to state, as if they are above the Constitution of the land,” he said.
Temokun in the Originating Motion on Notice dated April 5, 2022 sought the order of the court directing the respondents, their servants and anyone acting through them or in any place the applicant might be detained, to release the applicant immediately and unconditionally.
He also sought an order of perpetual injunction restraining the respondents, their servants or anyone acting through them or authority from further detaining the applicant or infringing on his fundamental rights.
“An order of the court directing the respondents jointly and severally, to pay to the applicant the sum of N5 million as exemplary damages for the violation of the applicant fundamental rights as afore-stated,” he said.
NAN reports that no date has been fixed for the hearing of the case. (NAN)
