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Igboho: No Law Permits Arrests At Night – Femi Falana Lambasts SSS

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Human rights lawyer, Femi Falana, SAN, on Monday, lambasted the Department of State Services over what he described as a “nocturnal coup” carried out on the Ibadan residence of Yoruba activist, Sunday Adeyemo also known as Sunday Igboho, last Thursday.

“There is no law in Nigeria that allows you to arrest somebody in the dead of the night when you are not planning a coup and you are not an armed robber,” Falana said on Channels Television’s ‘Politics Today’ programme.

The DSS on Thursday morning around 1am invaded the residence of Igboho in a Gestapo style. Though Igboho had escaped the raid, his house and cars were riddled with bullets while bloodstains splattered over the floors of the house. The DSS also said it killed two of his associates in a gun duel. Thirteen of Igboho’s guards and close associates were later paraded in Abuja on Thursday evening.

The secret police had since declared Igboho wanted. The activist is being accused of stockpiling weapons to allegedly destabilise the country under the guise of agitation for Yoruba nation but he has since denied the allegation, saying he protects himself with charms and not weapons.

Speaking on the television programme, Falana described as late, the decision of the Southern governors in Lagos State on Monday that security agencies must notify them as the chief security officer of their states before they carry out any operation within their domain.

“It is a decision that is coming rather late. Governors are chief security officers of their states in line with the constitution. Each state has a security council and the governor is the chairman,” he said.

Continuing, the senior advocate said, “You can’t have a situation where nocturnal arrests are made in a state as if you are planning a coup. Take Ibadan for instance, the invasion of the home of Igboho happened in the night and for all-day, everybody was wondering who did and that seven people were killed.

People were arrested and abducted at 2am, the governor of the state wasn’t aware. So, everybody was trying to find out, calling security agencies, only for the State Security Service to issue a very provocative statement after almost 12 hours to say, ‘We did it, we killed two people, we raided a house’. Somebody attempted to evade arrest and you killed two people? The governor of the state wasn’t aware?

“In these days of kidnappings, anybody can come to your house in the night and arrest you. And these are guys who don’t wear uniforms.”

“There is no provision, unless a crime is being committed in the night; you cannot go there and arrest. In this case, you are required by law to bring a search warrant. In this case, there was no search warrant, nobody took an inventory.

“Now, Sunday Adeyemo has said I didn’t have any gun in my house. Yet, the SSS paraded guns and other ammunition. All the controversies would have been unnecessary if the SSS had behaved like a modern, civilised agency.

“These are very dangerous legacies of military dictatorship in our country,” he stated.

 

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Breaking: Court Frees Sunday Ighoho’s 12 Aides On Bail

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Justice Obiora Egwuatu of the Federal High Court in Abuja has ruled that the detained 12 associates of the advocates for Yoruba nation, Chief Sunday Adeyemo popuplarly known as SundayIgboho be granted bail immediately.

 

Justice Egwuatu after  entertaining arguments from lawyers to the applicants and the Department of State Services (DSS) that is detaining them ordered that they be released on bail.

Applicants’ lawyer, Pelumi Olajengbesi had prayed the court to allow his clients on bail, noting that they have been in DSS’ custody for over 30 days.

 

 

Justice Egwuatu said that the detainees are entitled to bail by the provisions of the Nigerian law having been held in custody beyond the period stipulated by law.

The judge said that the law even frowned at a situation where citizens’ liberty is curtailed under unlawful circumstances.

The suspects were granted bail on various conditions and will remain in the DSS detention until their bail conditions are perfected,Jomog.com reports.

DSS’ lawyer, Idowu Awo had earlier said he was not opposed to the court granting bail to eight of the detainees, but would oppose bail for the other four, who were still being investigated in relation to their complicity in Igboho’s alleged arm stockpiling offence.

 

 

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Court Hears Igboho’s N5bn Suit Against Malami, DSS Today

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The Oyo State High Court sitting in Ibadan has fixed August 4 for the suit filed by Yoruba Nation activist, Chief Sunday Adeyemo, aka Sunday Igboho, for an injunction to stop his arrest.

Igboho had through his counsel, Chief Yomi Aliyyu ( SAN), filed an application before the court asking for N5bn damages for the destruction of his cars and residence in Ibadan during the July 1 raid on his residence by the Department of State Services.

He also asked the court to stop the Attorney General of the Federation, DSS and other security agencies from arresting him or infringing on his fundamental human rights.

Igboho’s counsel told our correspondent in a chat that the application would be moved before the court on August 4.

He said, “On August 4, at the High Court 7 of Oyo State, we will moved for an order of interim injunction pending the hearing of the main suit for an order restraining the AGFand DSS from further breach of the applicant’s fundamental human rights.

Igboho had prayed for, “An order of injunction restraining the respondents, their agents, privies and associates in other security forces and/or anybody acting on their behalf and/or instructions from arresting, detaining, molesting, harassing and/or in any way interfering with his to personal liberty, freedom of movement of Chief Sunday Adeyemo Sunday Igboho, enjoyment of his property without fear of invasion of his home by the respondents and their agents,” among others.

 

Source: ThePUNCH

 

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Court Orders EFCC To Unfreeze Dokpesi’s Account, Release Seized Documents

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The Chief Judge of the Federal High Court, Abuja, Justice John Tsoho, on Tuesday issued an order unfreezing the N2.1 billion bank account of the founder of Daar Communications Plc, Chief Raymond Dokpesi.

Delivering a ruling in an application filed and argued by Kanu Agabi SAN on behalf of Dokpesi, Justice Tsoho said that the federal government has no basis to put a post no debit order on the account in view of the subsisting and valid order of the Court of Appeal.

Justice Tsoho ordered that the account domiciled at First Bank of Nigeria be immediately unfreezed since the criminal charges, which precipitated the restriction on the account had been dismissed and Dokpesi discharged and acquitted by the Court of Appeal.

Delivering ruling in an application filed and argued by Kanu Agabi SAN, on behalf of Dokpesi, Justice Tsoho said that the Federal Government has no basis to put a post-no-debit order on the account in view of the subsisting and valid order of the Court of Appeal.

Justice Tsoho delivered judgment after taking arguments from Dokpesi’s lawyer, Kanu Agabi, SAN and counsel to the Economic and Financial Crimes Commission (EFCC), Oluwaleke Atolagbe.

The Chief Judge held that since the Court of Appeal delivered the judgment that invalidated the criminal charges against Dokpesi, the EFCC had not applied for stay of execution of the judgment.

Justice Tsoho said that in the absence of a stay of execution, his court was bound by law to give effect and implementation to the judgment.

He thereafter ordered that the freeze order and post-no-debit on the account be immediately removed in compliance with the appellate court’s decision.

On the claim of EFCC that it has gone on appeal to the Supreme Court, Justice Tsoho held that the notice of appeal filed at the apex court cannot in law stay the execution of the subsisting judgment adding that the anti graft agency ought to have obtained a stay of execution of the judgment.

He also ordered that all documents seized from Dokpesi or voluntarily surrendered to the Federal Government be immediately returned to him.

Atolagbe, in a bid to convince the judge, had drawn the attention of the court that the Department of State Services, DSS, and National Intelligence Agency, NIA, made respondents in the matter, did not appear before the court and as such the court can not make valid order against them.

 

 

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