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Mr. Babatunde Gbadamosi, a Peoples’ Democratic Party chieftain in Lagos State, has approached the Federal High Court, Lagos, to challenge his arrest and detention by the Department of State Security Service. Mr. Gbadamosi was arrested by the DSS in Lagos on February 21, 2017, and was immediately whisked to Abuja, where he has been in custody ever since, with no access to his family, doctors and lawyers.
The suit was filed by eminent lawyer and human rights activist, Ebun-Olu Adegboruwa. Named as respondents in the suit are the Department of State Security, the Director, Department of State Security and the Attorney-General of the Federation.
The reliefs being sought in the suit are as follows:
(A) A DECLARATION that the invitation of the Applicant on 21st February 2017 by the 1st and 2nd respondents, their officers, servants, agents, privies, howsoever at Directorate of State Security Service (DSS) office, Shaginsha, Magodo, Lagos State, constitutes a flagrant violation of the Applicant’s fundamental rights guaranteed under section 34, 37, 38 and 41of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 9, 12 & 14 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap. 10, Laws of the Federation of Nigeria, 1990, and is therefore illegal, unconstitutional, null and void.
(B) A DECLARATION that the arrest of the Applicant by the 1st and 2nd respondents, their officers, servants, agents, privies, howsoever at Directorate of State Security Service (DSS) office, Shaginsha, Magodo, Lagos State on the 22ndFebruary, 2017 is a clear violation of his fundamental Human Rights guaranteed under sections 33, 34, 35, 41 and 46(1) of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 12 & 14 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap. 10, Laws of the Federation of Nigeria, 1990, and is therefore illegal, unconstitutional, null and void.
(C) A DECLARATION that the detention of the Applicant by the 1st and 2nd respondents since the 22nd day of February, 2017 amounts to a flagrant violation of the Fundamental Rights of the Applicant guaranteed under Sections 33, 34, 35, 41 and 46(1) of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 12 & 14 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap. 10, Laws of the Federation of Nigeria, 1990, and is therefore illegal, unconstitutional, null and void.
(D) A DECLARATION that the arrest and continuous detention of the Applicant by the respondents, their servants, privies, agents or howsoever amounts to contravention of the Applicant’s Fundamental Human Rights guaranteed under 33, 34, 35, 41 and 46(1) of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 12 & 14 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap. 10, Laws of the Federation of Nigeria, 1990, and is therefore illegal, unconstitutional, null and void.
(E) A DECLARATION that the Applicant is entitled to freedom of movement, liberty, and right to life without let or hindrance from the respondents, their agents, servants, officers or otherwise howsoever in exercise of their Fundamental Rights guaranteed under Sections 33, 34, 35, 37, 41, and 46(1) of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 12 & 14 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap. 10, Laws of the Federation of Nigeria, 1990.
(F) A DECLARATION that the respondents’ constitutional and statutory duty do not extend to unlawful detention of innocent citizens who have not been found guilty of any offence by any competent court of law in Nigeria.
(G) A DECLARATION that the arrest and detention of the Applicant by the respondents without any reason whosoever was unlawful and therefore ultra vires their constitutional and statutory duties.
(H) AN ORDER compelling the respondents herein to release the Applicant forthwith from unlawful detention.
(I) AN INJUNCTION restraining the respondents, whether by themselves, their servants, agents, officers or otherwise howsoever, from further violating the fundamental rights of the Applicant through unlawful arrest and detention.
(J) AN INJUNCTION restraining the Respondents, whether by themselves, their servants, agents, officers or otherwise howsoever from carrying out any acts or omission which is likely to contravene the fundamental rights of the Applicant guaranteed under the Constitution and African Charter.
(K) N50M (FIFTY MILLION NAIRA) being special, aggravated, punitive and general damages against the Respondents, jointly and severally for their violation of the Applicants’ fundamental rights.
No date has been fixed for the new suit.
