Olisa Metuh was arrested by the operatives of EFCC on January 5, in his house in Abuja and has been in custody since then, without access to his family and lawyers or doctors.
In the suit, No. FHC/L/CS/21/2016, filed against the EFCC and Attorney-General of the Federation, Adegboruwa is contending that under section 35 of the 1999 Constitution, the EFCC has exceeded the maximum time allowed by law for the detention of a citizen, without trial in any court.
He is also praying the court to restrain the respondents, whether by themselves, their servants, agents, privies whosoever from further constituting a threat to the life, liberty and freedom of the applicant either through arrest or by physical abuse or violence either generally or for the purpose of preventing or disturbing their free movement in any part of Nigeria.
He also want an order of the court, directing the respondents, whether by themselves, their servants, agents, privies or otherwise howsoever to forthwith release the application from unlawful custody.
He is praying the court to declare that “The respondents are not entitled to arrest, detain or in any other manner restrict the liberty of the applicant on account without charge in flagrant violation of the Applicant’s fundamental rights guaranteed under sections 35, 38, 40 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 9, 12 and 14 of the African Charter on Human and Peoples’ Rights Act, Cap. 10, Laws of the Federation of Nigeria, 2004.”p
*A declaration that the arrest of the applicant by EFCC on January 5, 2016 at his home at No.14, Drive 1, Prince and Princess Estate, Abuja, constitutes a flagrant violation of the applicant’s fundamental rights guaranteed under sections 33, 34, 35, 38, 40, 41, 42, 43 and 44 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, Laws of the Federation of Nigeria, 2004, and is ultra vires, null and void and unconstitutional.
*A declaration that the detention of the applicant by EFCC on January 5, 2016 at an unknown location, without access to his lawyers, family and doctors, constitutes a flagrant violation of the applicant’s fundamental rights guaranteed under sections 33, 34, 35, 38, 40, 41, 42, 43 and 44 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, Laws of the Federation of Nigeria, 2004, and is ultra vires, null and void and unconstitutional.
Source: vanguard
No comments:
Post a Comment