Mr. Babatunde
Gbadamosi, a Peoples’ Democratic Party chieftain in Lagos State, has approached
the Federal High Court, Lagos, to challenge his arrest and detention by the
Department of State Security Service. Mr. Gbadamosi was arrested by the DSS in
Lagos on February 21, 2017, and was immediately whisked to Abuja, where he has
been in custody ever since, with no access to his family, doctors and lawyers.
The
suit was filed by eminent lawyer and human rights activist, Ebun-Olu
Adegboruwa. Named as respondents in the suit are the Department of State
Security, the Director, Department of State Security and the Attorney-General
of the Federation.
The reliefs being sought in the suit are as
follows:
(A) A
DECLARATION that the invitation of the Applicant on 21st February
2017 by the 1st and 2nd respondents, their
officers, servants, agents, privies, howsoever at Directorate of State Security
Service (DSS) office, Shaginsha, Magodo, Lagos State, constitutes a flagrant
violation of the Applicant’s fundamental rights guaranteed under section 34,
37, 38 and 41of the Constitution of the Federal Republic of Nigeria, 1999 and
Articles 4, 5, 6, 9, 12 & 14 of the African Charter on Human and Peoples
Rights (Ratification and Enforcement) Act Cap. 10, Laws of the Federation of
Nigeria, 1990, and is therefore illegal, unconstitutional, null and void.
(B) A
DECLARATION that the arrest of the Applicant by the 1st and
2nd respondents, their officers, servants, agents, privies,
howsoever at Directorate of State Security Service (DSS) office, Shaginsha,
Magodo, Lagos State on the 22ndFebruary, 2017 is a clear violation
of his fundamental Human Rights guaranteed under sections 33, 34, 35, 41 and
46(1) of the Constitution of the Federal Republic of Nigeria, 1999 and Articles
4, 5, 6, 12 & 14 of the African Charter on Human and Peoples Rights
(Ratification and Enforcement) Act Cap. 10, Laws of the Federation of Nigeria, 1990,
and is therefore illegal, unconstitutional, null and void.
(C) A
DECLARATION that the detention of the Applicant by the 1st and
2nd respondents since the 22nd day of February,
2017 amounts to a flagrant violation of the Fundamental Rights of the Applicant
guaranteed under Sections 33, 34, 35, 41 and 46(1) of the Constitution of the
Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 12 & 14 of the
African Charter on Human and Peoples Rights (Ratification and Enforcement) Act
Cap. 10, Laws of the Federation of Nigeria, 1990, and is therefore illegal,
unconstitutional, null and void.
(D) A
DECLARATION that the arrest and continuous detention of the Applicant
by the respondents, their servants, privies, agents or howsoever amounts to
contravention of the Applicant’s Fundamental Human Rights guaranteed under 33,
34, 35, 41 and 46(1) of the Constitution of the Federal Republic of Nigeria,
1999 and Articles 4, 5, 6, 12 & 14 of the African Charter on Human and
Peoples Rights (Ratification and Enforcement) Act Cap. 10, Laws of the
Federation of Nigeria, 1990, and is therefore illegal, unconstitutional, null
and void.
(E) A
DECLARATION that the Applicant is entitled to freedom of movement,
liberty, and right to life without let or hindrance from the respondents, their
agents, servants, officers or otherwise howsoever in exercise of their
Fundamental Rights guaranteed under Sections 33, 34, 35, 37, 41, and 46(1) of
the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6,
12 & 14 of the African Charter on Human and Peoples Rights (Ratification
and Enforcement) Act Cap. 10, Laws of the Federation of Nigeria, 1990.
(F) A
DECLARATION that the respondents’ constitutional and statutory duty do
not extend to unlawful detention of innocent citizens who have not been found
guilty of any offence by any competent court of law in Nigeria.
(G) A
DECLARATION that the arrest and detention of the Applicant by the
respondents without any reason whosoever was unlawful and therefore ultra vires
their constitutional and statutory duties.
(H) AN ORDER compelling
the respondents herein to release the Applicant forthwith from unlawful
detention.
(I) AN
INJUNCTION restraining the respondents, whether by themselves, their
servants, agents, officers or otherwise howsoever, from further violating the
fundamental rights of the Applicant through unlawful arrest and detention.
(J) AN
INJUNCTION restraining the Respondents, whether by themselves, their servants,
agents, officers or otherwise howsoever from carrying out any acts or omission
which is likely to contravene the fundamental rights of the Applicant
guaranteed under the Constitution and African Charter.
(K) N50M (FIFTY MILLION NAIRA) being
special, aggravated, punitive and general damages against the Respondents,
jointly and severally for their violation of the Applicants’ fundamental
rights.
No date has been fixed
for the new suit.
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