Court orders DSS to allow Mohammed access to doctors, Lawyers,family

‎The Federal High Court in Abuja on Friday ordered the Department of States Security Service (DSS), to allow it’s retired director, Abba Kaka Mohammed who is held in custody since July 17, 2017 unfettered access to his doctors, family members and his lawyers.

Justice Bababtunde Quadri who issued the order when N2bn fundamental human rights suit instituted by the detainee came up yesterday also directed that Mohammed should be allowed access to specialised diet and personal medication.

.Mohammed, retired last year as an Assistant Director, Office of the Director General, ADODG, Lawal Daura

Although, there are speculations that the former Director was arrested by the DSS over his alleged ties to Ibrahim Magu, the 22 paragraphs affidavit deposed to by his daughter, Hajiya Fatima Abba did not disclose the reason for his arrest.

However, the DSS said he was detained on alleged gun running offence.

He was arrested by DSS agents on July 17 but had neither been released not charged to court ever since.

The action of the court was sequel to fundamental rights enforcement suit marked FHC/ABJ/ CS/800/17 filed against the Director, State Security Service and Attorney-General of the Federation and Minister of Justice, Abubakar Malami.

His lawyer Samuel Ogala who told the court that his client had taken critically ill and should be released or charged to court in order to get adequate medical attention.

But the application could not be heard yesterday as counsel to the respondents, Micheal Ubi asked for time to respond to some of the processes served on him by the applicant’s counsel in court.

Before that, he told the court that the applicant was detained on orders of Justice Yusuf Halilu of the FCT High Court, which he said was still subsisting.

Justice Quadri confirmed that the said order in reference was issued on August 28, 2017 and will expire on Monday next week.

It was at thus stage that counsel to the applicant moved the court to allow his client access to his medication, Doctors, lawyers and family members.

The oral application which was not opposed by counsel to the respondents was accordingly granted by the court.

Meanwhile, the case has been transferred to the central registry for re-assignment as the vacation period ended yesterday.

The detained former Director has approached the Abuja Division of the Federal High Court for the following reliefs:

A declaration that the detention of the applicant at Abuja by the first respondent in their detention facility since July 17, 2017 till date without being charged to court for a known offence is illegal and unconstitutional as it violates the applicant’s fundamental rights to personal liberty, dignity of person and fair hearing as enshrined in section 34, 35 and 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 5, 6 and 7 of the African Charter on Human Rights and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of the Federation of Nigeria, 2004.

A declaration that the detention of the applicant at Abuja by the first respondent without access to his medical doctors, drugs, family and lawyers, since July 17, 2017 till date is illegal and unconstitutional as it violates the applicant’s fundamental rights to health, freedom of association as enshrined in Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 11 of the African Charter on Human Rights and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of the Federation of Nigeria, 2004.

An order of this honourable court directing the immediate and unconstitutional release of the applicant from custody of the first respondent forthwith.

An offer of this honourable court compelling the respondents jointly and separately to pay to the applicant the sum of N2,000,000,00 (Two billion naira) as general and aggravated damages for the illegal violation of his fundamental rights to life, dignity of his person, fair hearing, health, freedom of movement and freedom of association.

An order of this honourable court compelling the respondents joint or separately to publish in five national dailies a public apology to the applicant for two weeks for the violation of the applicant’s fundamental rights to life, dignity of his person, fair hearing, health, freedom of movement and freedom of association.

An order of perpetual injunction restraining the respondents from further violating the applicant’s fundamental rights in any manner whatsoever and howsoever without lawful justification.