by Kolapo Olapoju
A Federal High Court sitting in Lagos has ordered the release of five officials of the All Progressives Congress (APC) who were detained by the Department of State Security (DSS).
The five staff of the APC were arrested by the DSS during a raid of the APC data office in Ikeja, Lagos, on Monday, November 22. A raid, which the DSS says was necessitated by intelligence information that some illegal activities were being undertaken within the building.
Justice Mohammed Yunusa stated that the continued detention of the officers by the DSS was unlawful, and as such, ruled that it was against the provision of Section 35 of the Constitution to continue to hold the applicants in detention while the DSS was conducting its investigations.
He declared that a citizen could not be detained for more than 48 hours before being charged to court, therefore ruling that the applicants should be immediately released.
Justice Mohammed Yunusa also issued an order restraining the SSS from further arresting the workers pending the determination of the substantive suit.
Justice Yunusa ruled: “The arrest and detention of the applicants for the purpose of investigations is a clear violation of Section 35 of the Constitution. The remand order, whether valid or invalid, has exceeded the time limit permitted as reasonable by the Section 35 of the Constitution. The same arrest and detention of the applicants is illegal and they are hereby released.”
Furthermore, he ruled that if there was any need to extend the period of detention, the law enforcement agency shall be required to file an application for a review of the period before a court of law.
Leave a reply