The Federal High Court, Ado Ekiti has ruled that the Department of State Services illegally arrested a member of the Ekiti State House of Assembly, Afolabi Akanni and has consequently ordered the security agency to pay him N5 million as damages.
Justice Taiwo Taiwo, who presided over the trial gave his judgement on Wednesday, April 20.
Afolabi Akanni was arrested by the DSS on March 4 and detained for 18 days without being charged to court.
At some point during Akanni’s incarceration, the Commissioner for Information, Youths and Sports Development in Ekiti state, Lanre Ogunsuyi alleged that “Akanni, has died in the custody of the DSS.”
To counter the speculations of the commissioner, the DSS had hurriedly presented Akanni to pressmen as proof that he was alive even though he appeared to be frail.
He was released 18 days after his arrest and had approached the court through his lawyer Obafemi Adewale, who filed a suit on the DSS and demanded for damages.
In his judgement, the judge declared that the DSS had failed to either deny or defend the position, facts and allegations of the plaintiff.
He also condemned his arrest and “continued detention for 18 harrowing, excruciating and brain cudgeling days, without access to his lawyers and family.”
He ruled that the DSS trampled on Akanni’s fundamental rights as a citizen of Nigeria as specified by the principles of the Rule of Law and the African Charter on the rights of individuals by illegally arresting him and detaining him for 18 days.
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