By Jerry Uwah
Justice Okon Abang of a Federal High Court in Lagos has fixed judgement for September 26, 2014, on a suit by a retired Sgt., Mr Burma Abdullahi, praying the court to declare as unlawful and illegal, the arrest of his wards, including his seven-year-old son, by the Army, over their alleged membership of the Boko Haram sect.
Abdullahi filed the suit through a lawyer, Mr Christopher Okafor, on behalf of his wards: Ahmed Abdullahi; 16, Mohammed Abdullahi; 11, Haruna Zarkya; 18, and a Yahaya Ibrahim a seven-year-old primary school pupil, over their illegal arrest and detention.
Joined, as respondents, in the suit are the Nigerian Army, Chief of Army Staff, General Officer Commanding, 81 Division, Nigerian Army, Lagos, and the Attorney General of the Federation.
Abdullahi is claiming the sum of N10 million against all the respondents, for the illegal arrest and detention of his sons.
At the resumed hearing of the case yesterday, Counsel to the applicant Okafor, informed the court of the absence of Defence Counsel, despite repeated notice to him of the pending suit.
Okafor also informed the court that the counter-affidavit filed by the defence, was filed out of time, adding that they had also failed to file a motion to regularise the affidavit, and pay default fees.
He, therefore, urged the court to strike out the counter-affidavit of the respondents, and allow him move and adopt his application before the court.
Justice Okon Abang accordingly granted him leave to move his application and adopt his written address.
Adopting his address, Okafor prayed the court to hold that the arrest of the applicants, including a minor, constituted a breach of their rights to personal liberty.
He argued that it was illegal for the respondents to have embarked on such illegal arrest, where there existed no reasonable suspicion of the culpability of the applicants, in respect to any offence or terrorist activities.
He submitted that the suspicion of the applicants as belonging to the Boko Haram sect was not only unreasonable but laughable, since they had only fled Maiduguri to Lagos for safety.
Okafor, therefore, prayed the court to grant all reliefs sought by applicants, in the interest of natural justice, and to direct their immediate release from custody.
Abang reserved judgment till September 26.
He said on July 3, 2013, while he was away at Maiduguri, some men in Police and Army vehicles stormed his residence and arrested his under-aged wards, including his minor.
Abdullahi seeks an order, compelling the respondents to release the applicants forthwith from their custody, as well as the sum of N10 million against the respondents jointly and severally, for illegal detention.
He also wanted the respondents to tender a public apology to the applicants, for the humiliation meted on them.
