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Ogwuche’s Demand: Attorney-General To Brief Court On Detention Legality

The Federal High Court in Nigeria’s capital city, Abuja, has invited the Minister of Justice and Attorney-General of the Federation, Mr Mohammed Adoke, to address … Continue reading Ogwuche’s Demand: Attorney-General To Brief Court On Detention Legality


NDDC

Court_JusticeThe Federal High Court in Nigeria’s capital city, Abuja, has invited the Minister of Justice and Attorney-General of the Federation, Mr Mohammed Adoke, to address it on the legality of section 27 of the Terrorism Prevention Act.

At the briefing which will hold on December 18, the Attorney-General will explain to the court the section 27 of the Act which allows for prolonged detention of a suspect in relation to section 35[4] of the Nigerian Constitution which stipulates that a suspect must be arraigned within two months of detention.

The invitation of the court is a fallout of arguments between the alleged mastermind of the Nyanya bomb blast, Mr Aminu Ogwuche and the Department of State Services (DSS) on the legality or otherwise of section 27 of the Terrorism Prevention Act.

While the Department of State Services argues that it has not breached the constitution, having obtained an Order of the Court to detain Mr Ogwuche, pending the conclusion of its investigation Mr Ogwuche has asked the court to declare his detention null and void as it relates with section 27 of the Terrorism Prevention Act.

He claimed that the Act contravenes section 35[4] of the Nigerian Constitution.

The DSS also had requested that the application by Mr Ogwuche on the breach of his Fundamental Human Rights should be dismissed in its entirety for being frivolous, lacking in merit and an abused of court orders.

The terror suspect, Mr Ogwuche, had on Thursday demanded for 100 million Naira from the Department of State Services (DSS) as damages for unlawful detention.

Ogwuche also demanded a public apology in two national dailies.

In a lawsuit filed for enforcement of his fundamental human rights, Ogwuche through his lawyer, Mr Ahmed Raji, told the court that his continued detention by the State Security Service was illegal and unconstitutional and asked the court to order his release or his trial.

At the proceedings, Ogwuche’s lawyer urged the court to discountenance section 27 of the Terrorism Act which the DSS was relying on to detain his client.

He argued that the said section was inferior to the constitution which stipulated a time frame within which an accused person should be arraigned.

The Attorney-General’s briefing will help further clear the air on the issues around the section 27 of the Terrorism Prevention Act and Ogwuche’s demand.