A Federal High Court in Ado-Ekiti on Wednesday declared the arrest and detention of a member of the Ekiti State House of Assembly, Hon. Afolabi Akanni, by the Department of State Services as illegal.
The judge, Justice Taiwo Obayomi, held that the arrest and detention of the lawmaker without being charged to court amounted to infringement of his fundamental human rights.
Obayomi also awarded N5 million against the DSS.
He said: “Akanni was arrested and detained without any warrant of arrest, he was not charged to court and the plaintiff was deprived of access to his lawyer, family and doctor.
“This action amount to infringement to right of liberty and is hereby declared illegal and unlawful.”
Akanni’s Counsel, Obafemi Adewale, had approached the court in the suit number: FHC/AD/CS/2016 challenging the alleged unlawful arrest of his client.
Adewale in his 22-paragraph affidavit urged the court to award N50 million damages in favour of his client.
The operatives of the DSS were neither present nor represented by any counsel when the judgment was delivered on Wednesday.
Obayomi had on March 11 ordered that court processes be served on the defendant through the mass media or as requested by lawyer to the plaintiff.
Meanwhile, the Speaker of the Ekiti State House of Assembly, Kola Oluwawole, has described the judgment as victory for democracy.
“The court as the voice of common man is still alive to its duties,” Oluwawole said.
Oluwawole said they were only being humiliated by those who want Governor Ayo Fayose out of office by all means.