The National publicity Secretary of the All Progressives Congress (APC), Alhaji Lai Mohammed and three others have instituted a N500 million suit against the Directorate of State Security (DSS) for their alleged arrest and detention by agents of the service during the just concluded governorship election in Osun State.
Mohammed and
few other APC chieftains were arrested in Osogbo by the DSS a day to the
gubernatorial election in the state and they were later released the next day.
The suit
which is before an Osun State High Court sitting in Osogbo, clearly noted that
Mohammed was arrested during the Osun gubernatorial election for allegedly
being in the habit of abusing President Goodluck Jonathan.
However,
Mohammed, Salisu Shuaibu, Sunday Dare and Ibrahim Olowopopo (applicants) have
jointly instituted a “fundamental rights enforcement” suit before the Osun
State High Court, accusing the DSS of political persecution and victimisation
of politicians in Osun State.
Also, in a
14-paragraph affidavit deposed to by Ibrahim Olowopopo, the driver to Mohammed,
before the same court, he revealed that the event occurred on August 8,
about 9p.m, while they were on their way to the Government House to meet with
Governor Rauf Aregbesola to honour an appointment.
The
applicants equally alleged in the suit, which is expected to be formally
filed by their counsel, M. A. Banire & Associates, today, that one of
the reasons they were arrested by the DSS as allegedly claimed by one of the
officers who arrested them was because the APC publicity secretary “was in the
habit of abusing President Goodluck Jonathan.”
The
affidavit also noted that apart from seeking a N500 million compensation for
the illegal and unconstitutional violations of their fundamental rights, the
applicants also asked the court to order the respondents to tender a
public apology to them.
It has
equally prayed the court for a declaration that their arrest and detention by
officers of the respondent on August 8 and 9, 2014 was unconstitutional,
illegal, null and void and in violation of their fundamental right to personal
liberty as guaranteed by section 35 of the Constitution of the Federal Republic
of Nigeria 1999.
They
also demanded a declaration that their arrest and manhandling by
the respondent on the said day constituted a violation of their freedom from
torture, inhuman and degrading treatment as guaranteed by section 34 of the
Constitution of the Federal Republic of Nigeria, 1999.
However few
of the grounds on which the suit is based included: that the arrest, torture
and inhuman treatment to which the applicants were subjected by officers of the
respondent are definitely not approved by law as the applicants neither
committed nor were they convicted of any offence to warrant such treatment by
the respondent.
It was
further revealed that the arrest, torture and inhuman and degrading
treatment to which the applicants were subjected by the respondents were based
on a frivolous allegation of loitering as later disclosed by the respondent’s
spokesperson, Marilyn Ogar, in an interview on Channels Television on Thursday,
August 14, 2014, which offence is unknown to law.
The
applicants equally averred: “Some few metres away from the Government
House at Oke-Fia when we observed some officers of the respondent with bold
tags on their chests reading ‘DSS’ and some other persons trying to break into
the premises of one Senator Bayo Salami who shared the same fence with the
Government House…
“I noticed
that the said officers of the respondent were shooting the gate of the house of
the said Senator Bayo Salami but I was instructed by the first applicant to
quickly drive by so as to avoid any trouble with the said officers of the
respondent.
“Suddenly,
the officers of the respondent whose names were covered, jumped on the road and
stopped the vehicle I was driving, ordered me to switch on the inner light of
the vehicle which I promptly did.
“While they
were interrogating me as to our destination and whether we had cash on us, one
of the officers identified the first applicant (Lai Mohammed) as the national
publicity secretary of All Progressives Congress and alleged that the first
applicant was in the habit of abusing President Goodluck Jonathan.
“The said officers of the respondent ordered the first applicant to get down from the vehicle and suddenly put the nozzle of a gun to his head, ordered the second and third applicants to also disembark from the vehicle under the cover of a gun and moved them into a waiting Hilux van of the respondent.
“The said officers of the respondent ordered the first applicant to get down from the vehicle and suddenly put the nozzle of a gun to his head, ordered the second and third applicants to also disembark from the vehicle under the cover of a gun and moved them into a waiting Hilux van of the respondent.
“Some
officers of the respondent immediately drove the first to third applicants away
to the office of the respondent situate at Gbongan-Osogbo Road while other
officers and some unidentified men in masks descended on the vehicle I was
driving, searched it thoroughly and, when they could not find any cash except
the little money on me which they promptly collected, they started beating me
and later took me to the office of the respondent where I met the first to
third defendants already in custody of the respondent.
“We were detained in the open air at the office of the respondent till the early hours of the next day.
“We were detained in the open air at the office of the respondent till the early hours of the next day.
“It was at
the office of the respondent that we were all later released and we returned to
the Government House at about 1am of the 9th day of August, 2014, with the
first to third applicants thoroughly traumatised while I was quite scared to
drive back to the Government House as the whole city of Osogbo was under siege
imposed by heavily armed security officers who were seen brutalizing other road
users at different places as we were going
He also alleged that on the 14th day of August, 2014, "I was in my house in Lagos when I saw the spokesperson of the respondent, one Marilyn Ogar, on Sunrise programme of Channels television where she disclosed that the offence for which the first applicant, and a all the applicants, were arrested, tortured and subjected to inhuman and degrading treatment was ‘loitering’."
He also alleged that on the 14th day of August, 2014, "I was in my house in Lagos when I saw the spokesperson of the respondent, one Marilyn Ogar, on Sunrise programme of Channels television where she disclosed that the offence for which the first applicant, and a all the applicants, were arrested, tortured and subjected to inhuman and degrading treatment was ‘loitering’."
He however
said until sanction is meted by the court, the respondent will
continue to indulge in such harassment, intimidation, detention, violation and
crass impunity against other members of society and the applicants’ violated
rights would be without remedies.”
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Politics