Justice Adeniyi Ademola of an Abuja Federal High Court yesterday reserved judgement in the N5 billion suit filed by three Lebanese businessmen accused of involvement in terrorism.
The applicants, Messrs Abdullahi Thaini, Mustapha Fawaz and Tahal Roda, were arrested and detained by operatives of the State Security Service, SSS, over the recent discovery of a cache of arms and ammunition in a house in Kano.
They had filed a fundamental rights' enforcement application challenging their arrest and continued detention. In the suit, the SSS, the Inspector General of Police, IGP, and the Attorney-General of the Federation, AGF, were named as defendants.
They also faulted the closure of their business premises by security agents. The applicants are also demanding a public apology from the defendants to be published in three national dailies and a N5 billion compensation.
Last Friday, the state attorney, Clifford Osagie, had denied the applicants' claim that their arrest and detention by the state violated their fundamental right to liberty. He had argued that the SSS observed due process and procured the necessary warrants from the court, both in Kano and Abuja before detaining them.
Osagie noted that although the detention warrant issued by a Magistrates' Court in Karu, Abuja lapsed on June 19, the suspects were still being held on the order of remand earlier made by the Federal High Court, Abuja.
He also accused the trio of belonging to the military wing of the Lebanonbased Hezbollah group and the AGF had filed against them, a six-count charge bordering on terrorism.
Yesterday, lawyer to the suspects, Robert Clarke (SAN), replied on point of law to the argument by Osagie to the effect that the SSS observed due process in the arrest and continued detention of the suspects.
Clarke faulted Osagie's argument on the grounds that the warrants for detention, on which basis his clients were being detained, were obtained from incompetent courts.
He argued that the Magistrates' courts, from which the warrants were obtained, had no jurisdiction over the crime of terrorism, for which his clients were arrested. Clarke also argued that by taking his clients before Magistrates' courts, both in Kano and Abuja, they were held on holding charges which were illegal in the country.
He urged the court to discountenance the defendants' argument that the applicants' alleged offences bordered on national security. Clarke urged the court to declare his clients' detention as illegal and award substantial damages against the defendants.
National Mirror
Well the cour have the right to do whatever, there is nothing anyone can do about that for now...Good!