Kano arms cache: Court orders SSS, IGP, AGF to produce detained suspects

[PeoplesDaily]

By Sunday Ejike Benjamin

A Federal High Court in Abuja yesterday ordered the State Security Service (SSS), the Inspector-General of Police and the Attorney-General of the Federation (AGF) to produce the owner of Amigo Supermarket, Mustapha Fawaz and two other Lebanese suspected to have imported arms cache into the country for alleged terrorist activities.

Other suspects currently in detention are Abdallah Tahini and Tala Ahmed Roda.

The trial Judge, Justice Adeniyi Ademola's order that the three Defendants in the matter produce the suspects before it on June 13, 2013, followed an ex-parte application by counsel to the suspects, including Chief Robert Clarke (SAN), Ahmed Raja (SAN) with 12 others.

The suspects had sued the three Defendants challenging their arrest and continued detention.

Following the ex-parte motion, the Judge made an order, "directing the respondents, particularly the 1st and 2nd respondents to produce the applicants in court on June 13, 2013.

"That it is further ordered that the applicants Motion on Notice dated the 3rd day of June, 2013 already served on the respondents is fixed for June 13 for hearing", Justice Ademola added.

Out of the four prayers before the court, the trial Judge only granted the request of the counsel to produce the suspects on June 13.

The ex-parte application read in part, "upon the Motion Ex-parte dated and filed on the 3rd day of June 2013, praying for the following: An interim order granting bail to the applicants forthwith conditionally or unconditionally, pending the determination of the substantive Motion on Notice in this matter.

"An interim order restraining the respondents from continued arrest, detention, harassment and intimidation of the applicants, their families, relations and/or business interests pending the determination of the substantive Motion on Notice in this matter.

It would be recalled that the co-owner of Amigo Supermarket, Mustapha Fawaz, and three others arrested in connection with the armoury and Hezbolla terror cell in Bompai, Kano State, have filed a suit before the Federal High Court, Abuja, where-in they are demanding N50 billion as compensation from the SSS and its Director-General, Ekpeyong Ita, and the AGF, Mr. Mohammed Adoke (SAN) for their unlawful arrest and detention without trial.

They have also asked the court to stop the respondents from extraditing them except by a procedure permitted by law.

In the application for the enforcement of their fundamental rights, the applicants asked the court to declare their arrest and continued detention without trial by the SSS as, "illegal, unlawful, unconstitutional, null, void and of no effect whatsoever."

They prayed the court for an order directing their release and a perpetual injunction restraining the respondents whether by themselves or their agents from arresting or detaining them except by a procedure permitted by law.

A few days after the arrest of the suspects in Kano, the SSS sealed Amigo Supermarket and Wonderland Amusement Park, but the applicants have asked the court to declare that the action, "was arbitrary and a wanton violation of the right of Fawaz to own property and participate in the minor sector of the economy as guaranteed respectively by Sections 44 and 16(1) of the 1999 Constitution and African Charter on Human and Peoples' Rights".

The applicants also demanded a public apology by the respondents in three national newspapers for the violation of their rights.

Their lawyer, Bamidele Aturu (SAN), in letter to the SSS

Director-General, dated June 3, 2013 had complained that his clients had been in detention without trial in violation of the constitution.

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