July 29, (THEWILL) – A Federal High Court in Abuja on Thursday issued a fresh order on the Department of State Service (DSS) to produce before it 12 associates of the Yoruba Nation agitator, Sunday Igboho, who were arrested during a raid on his house on July 2.
The fresh order followed the refusal of the security agency to make them available for bail consideration as ordered on July 23.
The fresh order by Justice Obiora Egwuatu, to produce the applicants in court on July 29, 2021, followed an appeal by DSS counsel, Mr. Idowu Awo, that the agency be given another time to produce the detained agitators in court.
The DSS counsel informed the court that the detained applicants could not be produced in court because of the nature of their arrest and detention.
He argued that he had filed a counter-affidavit to explain the dimensions and sophistication of the investigation being carried out on the detainees.
Awo further submitted that the DSS obtained an order of court permitting the detention of the applicants to interrogate them.
Besides, the counsel submitted that some names on the Federal High Court order were at variance with the list of those being detained, adding that only four out of 12 names corresponded with that of DSS.
Awo said, as against the claim by lawyers to the associates that 12 of them were being held, it has three –Amoda Babatunde (aka Lady K), Diokola Adeyemo Admola and Bamidele Sunday– in its custody.
He added that the DSS also had Abdullateef Ofeyagbe (the first applicant) in its custody until July 27 when he was released.
Lawyer to the applicants, Pelumi Olajengbesi, faulted Awo’s claim and insisted that all his clients were being held by the DSS.
However, Justice Egwuatu was not persuaded by the arguments and insisted that the order of his court was in English language and unambiguous that the detainees be produced in court.
The Judge held that the order ought to be obeyed to the letter after which the DSS can subsequently offer explanations for their detention.
He said that the liberty of the Nigerian citizens is at stake and that it is the duty of court to protect it for citizens when called upon to do so as in the instant case.
DSS counsel later apologised to the court and sought an adjournment to enable them comply with the court order.
Justice Egwuatu subsequently fixed Monday, August 2, for DSS to produce the detainees in court
The Judge ordered DSS to allow counsel to the detainees, Olajengbesi, to access them before the adjourned date.
Olajengbesi had earlier pleaded with the court to sanction DSS for an act of disrespect to lawful court order for the production of the detainees.
He faulted the order paper clamped by DSS for the 14 days detention of the applicants, adding that the order was not certified as required by law for public documents.
The counsel argued that it was wrong for the DSS to have detained the applicants for 25 days without charging them to court or granting them administrative bail despite the fact that the Supreme law presumes innocence.
Olajengbesi told the court that Sunday Igboho was the target of the DSS during the raid carried out on July 2, adding that the arrest of the applicants on the day was just an unfortunate event.
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