Mr. Chimeremeze Samuel Nwafor, the man who was detained by the
State Security Service on an allegation of threatening to purchase
arms for the Indigenous People of Biafra, has instituted a legal
action against the State Security Service for the enforcement of
his fundamental human rights.
The other Respondents in the case which was instituted before
the Federal High Court, Awka Judicial Division, with Suit No:
FHC/AWK/CS/ /2019, are the Director General-Department of State
Service, Sir Yusuf Isyaku, the Director – Department Of State
Services, Anambra State Command and the Principal Staff Officer
(Operations), Department Of State Services – Awka Anambra State as
Respondents
counsel to the applicant Abuchi Goshen Ogbachalu Esq. on
Wednesday informed the court that the Applicant is in detention
facility of the Respondents since January, particularly in the
custody of the 3rd Respondent.
In the Ex-parte application counsel to the Applicant urged the
court to grant the three reliefs sought in the application.
Honourable Justice I.B. Gafai, in his ruling on the Ex-parte
Application, granted only one relief and declined the other two. He
refused to grant bail to the Applicant but in the alternative
ordered that the Respondents against whom the order for the release
of the Applicant is sought be put on notice.
Justice Gafai also ordered that the Applicant be produced in
court in the next adjourned date being 28 March 2019 for the
Respondents to show cause while the Applicant should not be
released on bail.
The Applicant in the Originating Motion is seeking for the
following reliefs to wit:
A DECLARATION that the arrest and detention of the Applicant for
Three (3) Months till the period of filing this application by the
Respondents without an Order of Court constitute an infringement of
the Applicant’s fundamental rights guaranteed and protected by
Sections 34 (a), (b) and 35 (1) of the 1999 constitution of the
Federal Republic of Nigeria (As Amended); A DECLARATION that the
arrest and incarceration of the Applicant at the DSS – Detention
facility for three (3) months without any charge laid or framed
against him before any competent Court of Law is unconstitutional,
illegal and constitutes a violation of the Applicant’s Fundamental
rights to personal liberty, fair hearing and freedom of movement as
respectively guaranteed by Sections 35, 36 and 37 of the
Constitution of the Federal Republic of Nigeria, 1999 (As Amended)
and Articles 6, 7 and 12 of the African Charter on Human and
People’s Right (Ratification and Enforcement) Act Cap. 10 Laws of
the Federation of Nigeria, 2004; A FURTHER DECLARATION that the
continuous torture and restriction/ access ban placed on the
Applicant by the Respondents from communicating with this Counsel
and family and or wife, is against the Applicant guaranteed rights
and constitutes a violation of principles 6, 7, 9, 11 (2), 16, 18
(1) and 19 of the Body of Principles for the protection of All
persons under any form of detention or imprisonment – adopted by
General Assembly Resolution 43/173 of 9 December 1988 which Nigeria
is a signatory to; AN ORDER compelling the Respondents to
unconditionally release the Applicant whom the Respondents kept and
rendered incommunicado to the outside world and or comply with
Section 35 (1) (C) (4) of the Constitution of the Federal Republic
of Nigeria 1999 (As Amended); and FIVE MILLION NAIRA
(N5,000,000.00) only against the Respondents on the footing of
exemplary damages for the unwarranted infringement of the
Applicant’s Rights.
The application was supported with a 17 paragraphs affidavit
deposed to by the wife of the applicant, Mrs. Blessing Nwafor. The
motion was also supported with the statement stating the name and
description of the applicant, the reliefs sought and the ground
upon which the application, as well as a written address.
The matter was adjourned to 28th March 2019.
TheNigerialawyer (TNL) recalls that the SSS had claimed to have
arrested the Applicant threatening to purchase Arms for IPOB, an
organization proscribed by the Federal High Court as a terrorist
organization, following the agitation of its leader, Nnamdi
Kanu.