Reprieve came the way of a member of the Ekiti
State House
of Assembly, Hon Afolabi Akanni, yesterday as
the Federal High Court sitting in
Ado Ekiti ordered the Department of State
Services, DSS, to immediately release the
detained lawmaker, who was arrested last week
by men of the security agency.
In the alternative, the Court in its ruling
delivered by Justice Taiwo
Taiwo, ordered the DSS to produce Akanni in
Court on Wednesday, March
16 and show cause why he should not be
released .
Akanni, representing Efon constituency, was
arrested last Friday by
DSS for undisclosed reason and whisked to
Abuja and had since been
detained by the security agency.
Consequently, Akanni, through his lawyers,
Barr. Obafemi Adewale and
Barr. Bunmi Olugbade approached the court
through an ex-parte
application, seeking the protection of his
fundamental human rights
in line with Section 35 (1) of the 1999
constitution.
The ex-parte motion marked: FHC/AD/
CS/18/16, dated March 10 and
supported by 21-paragraph affidavits, deposed
to by a member of the
State House of Assembly, Hon Tunji Akiyele,
sought an order of the
court compelling the DSS to release him
pending the determination of
the substantive issue.
He also sought an order restraining the DSS
from further re-arresting,
harassing or intimidating him until the main
issue pending before the
court is entertained and judgment dispensed.
In its ruling, Justice Taiwo agreed with the
applicant that the
enforcement of fundamental human rights is a
case of urgency, which
should be treated expeditiously, citing the cases
of Beko Ransome Kuti
Vs SSS and Tunji Abayomi Vs SSS to justify his
stand.
To this end, the presiding Judge ordered the
DSS to release the
lawmaker with immediate effect or produce him
in court in the
alternative and show evidence why he should be
in protective custody as
the case instituted by the applicant proceeds.
Justice Taiwo ordered that the respondent
should be served with all
the court processes on or before March 16,
when the detained lawmakers
will be brought before the court.
The judge granted an order restraining Hon
Akanni from being
rearrested by DSS after being released to
pursue the case seeking to
exercise his fundamental rights as enunciated in
the constitution.
“I want him the applicant, Hon Afolabi Akanni
be produced in this
court in Ado Ekiti on Wednesday, March 16 by
DSS and show cause why he
being detained or cannot be released”, the
Judge said.
“Section 35 (4), (5), C and D of the 1999
constitution and order (4)
rule (4) of the fundamental civil procedure rule
show the conditions
that must be met before a person can be
arrested and detained and this
has not been met .
“The averment in the applicant’s affidavit
contends that issue of
liberty requires expeditious trial because it
involves life and that
every society is governed by the rule of law,
which shows that
everything must be done according to the law
and there should be no
arbitrariness,” he said.
The lawyer to the applicant, Mr Olugbade , who
praised the Judge for
granting the prayers, called on the DSS as an
agency of government to
comply with the order by releasing Hon. Akanni
without further delay.
“The rule of law must be respected because we
operate a democratic
governance. The next thing Nigerians will like
to hear is that the
detained lawmaker has become a free citizen as
guaranteed by the
law,” he stated.
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