The Federal High Court sitting in Abuja yesterday invited the Attorney General of the Federation AGF or any of his officers to come and address the court on the constitutionality of Section 27 of the Terrorism Prevention Act 2013 vis a vis Section 35 (4) and (7) of the 1999 Constitution.
The invitation was premised on the enforcement of fundamental rights suit filed by the mastermind of the April 14, 2014 Nyanya bomb blast, Aminu Sadiq Ogwuche, challenging his arrest and continuous detention by the Department of State Service.
The bomb blast in which Ogwuche, who is currently in the custody of the DSS, was alleged to be the mastermind, killed over 75 persons.
The court had earlier struck out a two count criminal charge which the police preferred against Ogwuche for lack of diligent prosecution.
Following that, Ogwuche, through his counsel, Ahmed Raji (SAN) approached the court challenging his continued detention, adding that such is a breach of Section 35(4) of the Constitution.
Section 35 (4) is to the effect that no accused person should be detained beyond 20 days.
Responding, counsel to the DSS, Clifford Osaghie, contended that the security agents did not breach any law by detaining Ogwuche.
Osaghie premised his submission on the provision of Section 27 of the TPA, which provides that an accused on suspicion of having committed a capital offence can be detained for 90 days, which can be renewed on expiration.
He added that the DSS had earlier obtained a remand order from a Chief Magistrate Court in Kaduna and the Federal High Court sitting in Abuja.
Raji had earlier moved that Section 27 of the TPA be struck out for contradicting Section 35(4) of the Constitution.
It was on that note the court invited the AGF, who is the number one law officer of the nation, to bear his opinion on the issue.
The court consequently fixed December 17 for continuation of hearing.
Osaghie on his own had argued the that the submission that Section 27 be struck out was made in error, adding that the applicant was arrested and detained in connection with a capital offence.
He argued that the applicant is in lawful custody.
He said investigation has been concluded and that the case file has been forwarded to the AGF for prosecution.
He however prayed the court to dismiss the application for lacking in merit, frivolous and abuse of court process.
Ogwuche had brought an application pursuant to Order 2, Rule (1),(2),(3) of the Fundamental Enforcement Procedure rule and Sections 34,35,36,37 and 42 of the 1999 Constitution seeking for the enforcement of his fundamental human right.
Joined as defendants are the DSS and the Attorney General of the Federation.
But the court struck out the AGF’s name on the request of the applicant.
Arguing his application, Raji noted that it was based on the request of the Federal Government that the Interpol placed a red alert on the applicant contrary to the impression that it was the interpol that on its own placed the red alert.
He further drew the attention of the court to the fact that the charge on which Ogwuche was arrested and detained had been struck out by the court for lack diligent prosecution.
He added that the charge was the foundation of the extradition order, which led to the arrest of the applicant.
Raji further noted that it is assumed that the state had concluded all its investigations before requesting for the extradition order.
He however contended that further detention of the complainant in the DSS custody without arraignment is illegal and pre-judicial.
He contended that the ex parte order gotten by the DSS to detain the applicant for 90 days was a miscarriage of justice.
He also contended that Section 27 of the Terrorism Prevention Act act cannot override the provisions Section 35 of the Constitution which preserved the right to liberty of every citizen.
He however urged the court to compel the DSS to release the complainant conditionally or unconditionally, admit him to administrative bail or arraign him within 48 hours of the judgement.
He also sought for the sum of N100 million damages.
Follow The Eagle Online Channel on WhatsApp
