Suswam hits DSS, AGF with N10bn suit
Former Governor of Benue state, Gabriel Suswam has instituted a legal action at the Federal High Court Abuja, against the Department of State Service (DSS), it’s Director General and the Attorney General of the Federation (AGF), for illegally detaining him for over 35 days without charging him to court.
In a fundamental right enforcement suit filed on his behalf by Joseph Daudu SAN, marked FHC/ABJ/CS/279/2017, Suswam is asking the court to order for payment of exemplary damages in the sum of N10billion for his unlawful arrest and detention since February 25, 2017 without trial.
By the suit, the applicant wants, “A declaration that the arrest and detention of the applicant (Suswam) on Saturday 25th February 2017, till the date at Abuja by the operatives of the DSS under the instruction of their DG without trial or due process being followed violates the applicant’s fundamental right to personal liberty guaranteed by Section 35(1) of the Constitution of the Federal Republic of Nigeria (1999) and Article 5 and 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap 10, Laws of the Federation of Nigeria 1990, and is therefore unconstitutional, unlawful, illegal, null and void.
Among other reliefs, the plaintiff is seeking, “A declaration that the continued detention of Suswam by operatives of the DSS under the instruction and direction of the DG since Saturday the 25th of February, 2017 till date, without trial or due process violates his fundamental rights to freedom of movement as guaranteed in Section 41(1) of the 1999 Constitution (as amended) and Article 6 and 12 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act Cap 10, Laws of the Federation of Nigeria 2004 and is therefore unconstitutional, unlawful, illegal, null and void.
He is also seeking an order directing the respondents particularly the 1st and 2nd respondents to release him or produce him forthwith to this court for purposes of his being released.
An order of injunction, restraining the respondents particularly the DSS whether by themselves or by their servants, officers, agents or privies or otherwise howsoever described from administering any form of torture, or inhuman or degrading treatment on Suswam and if proven to have been administered, to nullify any statements, documents or other materials that may have been extracted or obtained from the applicant under such “unwholesome and constitutionally prohibited circumstances”.
He is also praying for an order compelling the respondents to forthwith release him unconditionally from unlawful detention pending (if any) the commencement and final determination of a trial for any offence or offences with which the respondents or the Federal Government of Nigeria may charge or wish to charge him.
The suit was premised on the fact that since his arrest over allegation of possession of fire arms, he has been in custody of the DSS without being charged to court.
In addition, he is contending that his continued detention has seriously affected his health which is deteriorating on a daily basis due to lack of access to medical care.
No date has been fixed for the matter.
It will be recalled that the former governor was arrested by the DSS, after a search on a building allegedly owned by him at 44, Aguiyi Ironsi Way, Maitama, Abuja, led to the discovery of keys of 45 exotic cars, 21 Certificates of Occupancy, arms and ammunition.
A Mercedes Benz S550 (BWR 135AH), and Masarati 4.7 (BWR 207 AJ) were searched, and led to the discovery of Glock pistol with two magazines and a total of twenty nine rounds of ammunition; Mini-Uzi with two magazines containing 10 rounds and 4 rounds respectively; forty two extra rounds of ammunition contained in a pack; and one AK-47.
Other items recovered included 21 Certificates of Occupancy (C of O) and one Offer of Statutory Right of Occupancy; 23 Luxury designer watches; and 45 keys to various exotic cars.
SEYI ANJORIN, Abuja