A Federal High Court sitting in Ado-Ekiti, the Ekiti State capital, has ordered the immediate release of a member of the Ekiti State House of Assembly representing Efon Constituency, Hon. Afolabi Akanni, from the detention of the Department of State Services, Abuja.
Akanni was whisked away last Friday when armed operatives of the DSS invaded the Ekiti State House of Assembly complex and he has since been held incommunicado in the DSS headquarters in Abuja.
Justice Taiwo Taiwo, while delivering the ruling on Friday in suit number FHC/AD/CS/8/16 filed on behalf of Hon. Akanni by his counsel, Obafemi Adewale, said the DSS did not meet all the provisions of the 1999 Constitution (as amended) in arresting the lawmaker.
The judge, who also restrained the DSS from further arresting and detaining Akanni, ruled that warrant to produce him in court should be served on the DSS.
Justice Taiwo said the court heard the application urgently because of the life and liberty of a citizen was at stake.
In the motion exparte, a member of the State House of Assembly, representing Oye Constituency II, Hon. Adetunji Akinyele, had deposed to a 21-paged affidavit, bordering on the infringement of Akanni’s fundamental human rights.
Apart from seeking the immediate release of Akanni from the DSS detention, the appellant also sought an order of injunction restraining the DSS and its representatives from further arresting and detaining him.
Justice Taiwo, who ordered the DSS to release Akanni immediately, further ordered that alternatively the DSS should produce the lawmaker in his court in Ado-Ekiti on March 16 and show reasons he should not be released.
Hearing of the substantive application was adjourned till March 21.
Reacting to the ruling, one of the appellant’s counsel, Chief Bunmi Olugbade, described it as “rule of law in action”.
Speaking on other members of the House of Assembly that are said to be missing, Olugbade called for useful information in respect to their whereabouts.
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