By Ameh Ejekwonyilo
Abuja
The Federal High Court sitting in Abuja has invited the Attorney General of the Federation (AGF) or any of his officers to come and address the court on the constitutionality of Section 27 of the Terrorism Prevention Act 2013 vis a vis Section 35 (4) and (7) of the 1999 Constitution.
The invitation was premised on the enforcement of fundamental rights suit filed by the alleged mastermind of the April 14, Nyanya bomb blast, Aminu Ogwuche challenging his arrest and continual detention by the State Security Service (SSS).
Ogwuche who is currently in the custody of the SSS was alleged to be the mastermind of the Nyanya bomb blast where over 75 people were feared dead.
The court had earlier struck out a two count criminal charge which the police filed against Ogwuche for lack of diligent prosecution.
Following that, Ogwuche through his counsel, Ahmed Raji SAN approached the court challenging his continual detention adding that such is a breach of Section 35(4) of the Constitution.
Section 35 (4) is to the effect that no accused person should be detained beyond 20 days.
Responding, counsel to the SSS, Clifford Osaghie contended that the security agents did not breach any law by detaining Ogwuche.
He premised his submission on the provision of Section 27 of the TPA which provides that an accused on suspicion of having committed a capital offence can be detained for 90 days which can be renewed on expiration.
He added that the SSS had earlier obtained remand order from a Chief magistrate court, Kaduna and the Federal High Court sitting in Abuja.
Raji had earlier moved that Section 27 of the TPA be struck out for contradicting Section 35(4) of the Constitution.
It was on that note that court invited the AGF who is number one law officer to bear his opinion on the issue.
The court consequently fixed December 17 for continuation of hearing.
Osaghie on his own had argued the that the submission that Section 27 be struck out was made in error adding that the applicant was arrested and detained in connection with a capital offence.
He argued that the applicant is in lawful custody adding that investigation has been concluded and that the case file has been forwarded to the AGF for prosecution.
He however prayed the court to dismiss the application for lacking in merit, frivolous and abuse of court process.
Ogwuche through his counsel, Ahmed Raji SAN had brought an application pursuant to Order 2, Rule (1),(2),(3) of the Fundamental Enforcement Procedure rule and Sections 34,35,36,37 and 42 of the 1999 Constitution seeking for the enforcement of his fundamental human right.
Joined as defendants are the SSS and the Attorney General of the Federation AGF. But, the court struck out AGF’s name, on the request of the applicant.
Arguing his application, Raji noted that it was based on the request of the Federal Government that the Interpol placed a red alert on the applicant contrary to the impression that it was the interpol that on its own placed the red alert.
He further drew the attention of the court to the fact that the charge on which Ogwuche was arrested and detained had been struck out by the court for lack diligent prosecution.
He added that the charge was the foundation of the extradition order which led to the arrest of the applicant.
Raji further noted that it is assumed that the state had concluded all its investigations before requesting for the extradition order.
He however contended that further detention of the complainant in the SSS custody without arraignment is illegal and pre-judicial.
He contended that the ex parte order gotten by the SSS to detain the applicant for 90 days was a mis carriage of justice.
He also contended that Section 27 of the Terrorism Prevention Act act cannot override the provisions Section 35 of the Constitution which preserved the right to liberty of every citizen.
He however urged the court to compel the SSS to release the complainant conditionally or unconditionally, admit him to administrative bail or arraign him within 48 hours of the judgement.
He also sought for the sum of N100 million damages.
