Man slams N5bn suit against DSS over unlawful detention

Posted by Paschal Njoku | 16 September 2018 | 995 times

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•DSS operatives

Mr Salihu Enesi has slammed a N5bn lawsuit at the Federal High Court sitting in Abuja, against the State Security Service (SSS) over his unlawful detention since 2015.

Documents filed in court indicated that Enesi has been in the custody of the SSS without arraignment, which eventually led to his being incapacitated.

The applicant told the court that he became incapacitated following wounds sustained from the shootings he suffered.

By the fundamental rights enforcement suit marked FHC/ABJ/05/974/18, the plaintiff is demanding for N5bn aggravated damages due to his incapacitation as well as unconditional release from custody.

Barr Bala Dakum filed the suit on behalf of Enesi.
The applicant wants an order of court directing the respondent to immediately release him on bail unconditionally.

“An order of the honourable Court directing the respondent to pay the applicant the sum of N5 billion for unlawful detention and causing permanent disability, and an apology from the agency.

He wants a declaration that his “arrest and continued detention since the 28th of October 2015 by the respondent, its privies, agents, officers or representatives is illegal, unlawful null and void and amounts to gross violation of his fundamental rights as enshrined in sections 34, 35 and 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

In addition, the applicant is seeking a declaration that the shooting of his leg by the respondent’s agents on the 28th of October 2015, which incapacitated him and failure of the SSS to treat him for the period of over two years while he remains in its custody amounts to cruel torture,degrading and inhuman treatment contrary to Sections 34, 35, and 36 of the 1999 Constitution.

The applicant is also seeking an order of perpetual injunction restraining the respondent from arresting him based on facts to the application.

The motion on notice was supported by a 19-paragraph affidavit deposed to by Raji Jamiu.
Jamiu averred in the affidavit that Enesi was shot by the operatives of SSS on his leg on 28 October 2015.

According to the deponent, the operatives then carried Enesi into their vehicle with his wife and two children, age four months and three years on 28th October 2015 from his family house in Tung Makama Taxa Local Government, Niger State.
He stated that the agency later released the wife and the two minors after four months in custody but all efforts to get Enesi release from custody proved abortive.

No date has been fixed for hearing of the suit.

•Sourced from a Daily Independent report


Source: News Express

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