A retired senior official of the State Security Service has been
held without trial by the agency for 48 days and counting over his
alleged ties to Ibrahim Magu, PREMIUM TIMES report
Abba Kaka Mohammed was arrested by SSS agents on July
17 but had neither been released not charged to court
ever since, his lawyers said.
The Nigerian law allows a maximum of 48 hours for a suspect to
be charged to court or freed on administrative bail. But Mr.
Mohammed has now spent weeks languishing in detention without
arraignment, amidst concerns by his family that he might have lost
one of his eyes after being brutalised by SSS operatives in
custody.
His lawyers were granted access to him for the first
time on Tuesday. They had since approached the
Abuja Division of the Federal High Court for fundamental rights
enforcement proceeding against the SSS and Attorney-General
Abubakar Malami.
His family members also told our reporter Mr. Mohammed had taken
critically ill and should be released or charged to court in order
to get adequate medical attention.
Mr. Mohammed retired last year as an Assistant Director, Office
of the Director General, ADODG, performing the role of a Chief of
Staff to the Director-General of the SSS, Lawal Daura. But his
relationship with Mr. Daura subsequently deteriorated.
“The SSS DG accused him of holding grievances against the SSS, a
claim that is clearly not true,” a relative of the deceased told
PREMIUM TIMES, adding that Mr. Daura and his client had been long
time acquaintances.
The relative, who asked not to be named for fear of being
targeted by the SSS, said when Mr. Mohammed was arrested
on July 17, he was taken to his residence along
the Airport Road in Abuja, and another one near Galadimawa
neighbourhood, also in Abuja.
“But they found nothing after all the searches they conducted,”
the relative said. “Nothing implicating was found.”
Mr. Mohammed was then taken to the SSS custody, where he was
confined to a cell without adequate care, the relative said
confirming that Mr. Mohammed’s lawyer and his daughter were only
allowed to see him last Tuesday.
“They also accused him of being a front for Magu, saying his
long-time relationship with the EFCC boss was suspicious,” the
relative said.
The relative said Mr. Daura had always known that Mr. Mohammed
was a friend of Mr. Magu, having both hailed from Borno and
being friends for over a decade.
“The SSS officers just wanted him to implicate Magu with
anything, even when they’ve never had any transactions together,”
said the relative.
On August 25, lawyers from Femi Falana chambers on behalf of Mr.
Mohammed approached the Abuja Division of the Federal High Court
for the following reliefs:
- A declaration that the detention of the applicant at Abuja by
the first respondent in their detention facility since July 17,
2017 till date without being charged to court for a known offence
is illegal and unconstitutional as it violates the applicant’s
fundamental rights to personal liberty, dignity of person and fair
hearing as enshrined in section 34, 35 and 36 of the Constitution
of the Federal Republic of Nigeria, 1999 (as amended) and Articles
5, 6 and 7 of the African Charter on Human Rights and Peoples’
Rights (Ratification and Enforcement) Act (CAP A10) Laws of the
Federation of Nigeria, 2004. - A declaration that the detention of the applicant at Abuja by
the first respondent without access to his medical doctors, drugs,
family and lawyers, since July 17, 2017 till date is illegal and
unconstitutional as it violates the applicant’s fundamental rights
to health, freedom of association as enshrined in Section 40 of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended)
and Article 11 of the African Charter on Human Rights and Peoples’
Rights (Ratification and Enforcement) Act (CAP A10) Laws of the
Federation of Nigeria, 2004. - An order of this honourable court directing the immediate and
unconstitutional release of the applicant from custody of the first
respondent forthwith. - An offer of this honourable court compelling the respondents
jointly and separately to pay to the applicant the sum of
N2,000,000,00 (Two billion naira) as general and aggravated damages
for the illegal violation of his fundamental rights to life,
dignity of his person, fair hearing, health, freedom of movement
and freedom of association. - An order of this honourable court compelling the respondents
joint or separately to publish in five national dailies a public
apology to the applicant for two weeks for the violation of the
applicant’s fundamental rights to life, dignity of his person, fair
hearing, health, freedom of movement and freedom of
association. - An order of perpetual injunction restraining the respondents
from further violating the applicant’s fundamental rights in any
manner whatsoever and howsoever without lawful justification.
Mr. Mohammed’s daughter also swore an affidavit detailing how
her father was arrested and the high chances that he’d gone blind
in one eye in custody of the SSS.
The SSS could not be reached for comments due to its
refusal to name a spokesperson.
A spokesperson for the AGF, Saliu Isa, did not respond to
requests for comments.
The SSS is believed to be holding scores of Nigerians over an
extended period of time without trial. The agency had declined to
free a former National Security Adviser, Sambo Dasuki,
despite several court rulings for his bail.
Mr. Mohammed’s ordeal adds to the fallout of the worsening
disaffection between Messrs. Daura and Magu.
The duo had been locked in political and administrative rivalry
since Mr. Buhari tapped them to head their respective agencies two
years ago.
The SSS twice thwarted Mr. Magu’s confirmation by the Senate,
accusing him of being reckless and corrupt.
Mr. Magu had also openly criticised the SSS, describing the
secret police as an outfit without credibility when he
appeared before the Senateor his last confirmation hearing.
PREMIUM TIMES
A retired senior official of the State Security Service has been
held without trial by the agency for 48 days and counting over his
alleged ties to Ibrahim Magu, PREMIUM TIMES report
Abba Kaka Mohammed was arrested by SSS agents on July
17 but had neither been released not charged to court
ever since, his lawyers said.
The Nigerian law allows a maximum of 48 hours for a suspect to
be charged to court or freed on administrative bail. But Mr.
Mohammed has now spent weeks languishing in detention without
arraignment, amidst concerns by his family that he might have lost
one of his eyes after being brutalised by SSS operatives in
custody.
His lawyers were granted access to him for the first
time on Tuesday. They had since approached the
Abuja Division of the Federal High Court for fundamental rights
enforcement proceeding against the SSS and Attorney-General
Abubakar Malami.
His family members also told our reporter Mr. Mohammed had taken
critically ill and should be released or charged to court in order
to get adequate medical attention.
Mr. Mohammed retired last year as an Assistant Director, Office
of the Director General, ADODG, performing the role of a Chief of
Staff to the Director-General of the SSS, Lawal Daura. But his
relationship with Mr. Daura subsequently deteriorated.
“The SSS DG accused him of holding grievances against the SSS, a
claim that is clearly not true,” a relative of the deceased told
PREMIUM TIMES, adding that Mr. Daura and his client had been long
time acquaintances.
The relative, who asked not to be named for fear of being
targeted by the SSS, said when Mr. Mohammed was arrested
on July 17, he was taken to his residence along
the Airport Road in Abuja, and another one near Galadimawa
neighbourhood, also in Abuja.
“But they found nothing after all the searches they conducted,”
the relative said. “Nothing implicating was found.”
Mr. Mohammed was then taken to the SSS custody, where he was
confined to a cell without adequate care, the relative said
confirming that Mr. Mohammed’s lawyer and his daughter were only
allowed to see him last Tuesday.
“They also accused him of being a front for Magu, saying his
long-time relationship with the EFCC boss was suspicious,” the
relative said.
The relative said Mr. Daura had always known that Mr. Mohammed
was a friend of Mr. Magu, having both hailed from Borno and
being friends for over a decade.
“The SSS officers just wanted him to implicate Magu with
anything, even when they’ve never had any transactions together,”
said the relative.
On August 25, lawyers from Femi Falana chambers on behalf of Mr.
Mohammed approached the Abuja Division of the Federal High Court
for the following reliefs:
- A declaration that the detention of the applicant at Abuja by
the first respondent in their detention facility since July 17,
2017 till date without being charged to court for a known offence
is illegal and unconstitutional as it violates the applicant’s
fundamental rights to personal liberty, dignity of person and fair
hearing as enshrined in section 34, 35 and 36 of the Constitution
of the Federal Republic of Nigeria, 1999 (as amended) and Articles
5, 6 and 7 of the African Charter on Human Rights and Peoples’
Rights (Ratification and Enforcement) Act (CAP A10) Laws of the
Federation of Nigeria, 2004. - A declaration that the detention of the applicant at Abuja by
the first respondent without access to his medical doctors, drugs,
family and lawyers, since July 17, 2017 till date is illegal and
unconstitutional as it violates the applicant’s fundamental rights
to health, freedom of association as enshrined in Section 40 of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended)
and Article 11 of the African Charter on Human Rights and Peoples’
Rights (Ratification and Enforcement) Act (CAP A10) Laws of the
Federation of Nigeria, 2004. - An order of this honourable court directing the immediate and
unconstitutional release of the applicant from custody of the first
respondent forthwith. - An offer of this honourable court compelling the respondents
jointly and separately to pay to the applicant the sum of
N2,000,000,00 (Two billion naira) as general and aggravated damages
for the illegal violation of his fundamental rights to life,
dignity of his person, fair hearing, health, freedom of movement
and freedom of association. - An order of this honourable court compelling the respondents
joint or separately to publish in five national dailies a public
apology to the applicant for two weeks for the violation of the
applicant’s fundamental rights to life, dignity of his person, fair
hearing, health, freedom of movement and freedom of
association. - An order of perpetual injunction restraining the respondents
from further violating the applicant’s fundamental rights in any
manner whatsoever and howsoever without lawful justification.
Mr. Mohammed’s daughter also swore an affidavit detailing how
her father was arrested and the high chances that he’d gone blind
in one eye in custody of the SSS.
The SSS could not be reached for comments due to its
refusal to name a spokesperson.
A spokesperson for the AGF, Saliu Isa, did not respond to
requests for comments.
The SSS is believed to be holding scores of Nigerians over an
extended period of time without trial. The agency had declined to
free a former National Security Adviser, Sambo Dasuki,
despite several court rulings for his bail.
Mr. Mohammed’s ordeal adds to the fallout of the worsening
disaffection between Messrs. Daura and Magu.
The duo had been locked in political and administrative rivalry
since Mr. Buhari tapped them to head their respective agencies two
years ago.
The SSS twice thwarted Mr. Magu’s confirmation by the Senate,
accusing him of being reckless and corrupt.
Mr. Magu had also openly criticised the SSS, describing the
secret police as an outfit without credibility when he
appeared before the Senateor his last confirmation hearing.
PREMIUM TIMES