Court dismisses ex-B/Haram spokesman’s N500m suit against DSS

The Federal High Court, Abuja on Tuesday dismissed a N500 million damages suit filed by convicted former spokesman of Boko Haram, Ali Konduga against the Department of State Services (DSS).

Delivering judgment, Justice Anwuli Chikere, who struck out the suit, held that the ex-convict, Konduga, did not overstay in the DSS custody.

Daily Times recalls that Konduga was on December 6, 2011, convicted on a crime bordering on terrorism by the Chief Magistrate Court, FCT and sentenced to three years imprisonment without an option of fine.

He alleged that he was kept in detention for an extra three years after serving his three-year jail term before he was released in 2016.

The judge, who looked at paragraphs like 9, 23, 24, among others, of the witness’s statement on oath, said the applicant was aware on why he was detained.

She therefore, said that the detention could not be declared as unlawful or unconstitutional, since his fundamental right had not been infringed upon.

The judge said Konduga can appeal the ruling if he so wishes.

In the suit, Konduga claimed that he was kept in the custody of the DSS instead of the conventional prison to serve his term because the government wanted him to serve as a key witness to prove a terrorism charge against a senator in a Federal High Court in Abuja.

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However, in the application filed by Konduga on October 3, 2019, the director general of the DSS and attorney general of the federation were first and second respondents respectively.

According to the application with suit number:FHC/ABJ/CS/1171/19, the first respondent applied for the applicant to be kept at the instance of government of the federation and the applicant kept in the custody of the first respondent, ostensibly for him to be a witness in the criminal matters filed by the respondents.

“The applicant’s terms of imprisonment ended on December 6, 2013, but the applicant was not discharged from custody until September 9, 2016 when the applicant was finally discharged from custody by the first respondent.

“That the respondents have no right whatsoever to compulsorily detain the applicant without obtaining court order to that effect. That there is no law which provides that the applicant must testify in a matter whether he likes it or not,” it held.

Konduga prayed the court to declare that his detention beyond the expiration if his jail termswas unlawful and unconstitutional, and an infringement on his fundamental rights of freedom of movement and personal liberty.

The applicant, who sought that the respondents should tender an unreserved public apology in three national newspapers, also urged the court to direct them to pay him N500 million as aggravated damages for the illegal detention.

Speaking to journalists after the sitting, Emmanuel Edu, who was counsel to Konduga, said the intricacies of the ruling would be studied to know the next line of action.