DSS fails to produce 5 APC workers in court
(Nigeria )
The five staff of the All Progressives Congress, APC, who were detained by
operatives of the Department of State Security, DSS, will spend the weekend in
jail, as the DSS, ignored a Federal High
Court, Lagos judge's order to produce them
in court.
Meanwhile, following the refusal by the SSS to produce the
detainees, Friday, the court adjourned further hearing in the matter till
Monday.
Chinedu Atuche, Fayemi Olaposi, Augustine Onuchukwu, Ebun
Ilori, and Esther Enemy we were arrested last Saturday after DSS operatives,
accompanied by police officers, raided a building which the APC said was its
data office at
During the week, Justice Yunusa ordered the DSS and the
Nigerian police to produce the detainees in court, Friday.
On Friday, however, the detained staff were not in court,
while there was also no representative of the Nigerian police in court.
Mr Peter Okerinmodun, counsel to DSS, said the agency was
unaware of the court's order, despite the applicants' lawyer providing a proof
of service on his employer.
"My appearance today is from what I read in newspapers.
One newspaper said the matter came up at Ikeja (high court)," Mr.
Okerinmodu said, in response to a question from the judge on why he was in
court.
"I made contact with (DSS) headquarters to ascertain
the authenticity. They said there was no service on them. Even as at this
morning, nobody has confirmed. So, I was not briefed."
Earlier, Mr Yemi Osibajo, SAN, counsel to the APC, told the
court that both the police and the DSS were duly served, but the latter refused
to accept service at their Lagos
office.
"The first respondent (the Nigerian police) we served
here (Lagos ) and in Abuja . We also served the second respondent
(DSS). In pursuant to the orders of this court, same processes were served in Abuja and they were
accepted. Proof of service is in the court's file," Mr. Osibajo, said.
"The DSS ought today (yesterday), in obedience of the
orders of my lord, to produce the five applicants."
Mr. Okerinmodun requested for a short adjournment to enable
him "sort myself out."
"I want to get across to Abuja whether they have collected the
service," said the lawyer.
"We are never known for disobeying my lord's
orders."
Osibajo expressed reservations at the DSS counsel's claims,
noting that the judge's orders were unambiguous.
"We are just worried that these individuals have been
in detention since Saturday."
The judge said he believed Mr. Okerinmodun because he
"had been a good lawyer" in his court.
"This matter is adjourned till Monday to enable counsel
to the second respondent to comply with the orders of the court."
The applicants - the APC and the detained staff - had filed
an action before the court two days ago seeking an enforcement of their
fundamental rights.
The SSS had justified its action by claiming that their raid
was based on a petition it received alleging "unwholesome activities"
inside the building at the location.
"Based on this information, the service placed the
building under surveillance and having been convinced that some unwholesome
activities were going on in the building, it undertook a raid of the
premises," the SSS said in a statement Sunday.
In addition to the arrested staff, documents and computer
hard drives were also confiscated by the operatives.
But on Wednesday, Justice Yunusa granted the applicants'
requests by ordering that the detained staff be produced before the court.
The judge also ordered the DSS to unseal the building where
the arrest took place. He also granted an interim injunction restraining them
from further shutting the building or taking any step in connection with the
property pending the determination of the substantive suit.
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