Lagos Lawyer and human rights activist Ebun-Olu Adegboruwa, has asked the Federal High Court in Lagos to order the immediate release of Chief Olisa Metuh, the spokesman of the Peoples’ Democratic Party (PDP) from custody.
Olisa Metuh was arrested by the operatives of the EFCC on January 5 in his house in Abuja and has been in custody since then, without access to his family, 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 or otherwise howsoever 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 wants an order of the court, directing the respondents, whether by themselves, their servants, agents, privies or otherwise howsoever, to forthwith release the applicant 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 (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 2004.
*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.
*A declaration that the applicant is entitled to move freely in any part of Nigeria, without let or hindrance from the respondents in exercise of his fundamental rights guaranteed under sections 33, 34, 35, 38, 40 & 41 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.
*A declaration that the respondents are not entitled to demand for, seize, impound, detain, attach, forfeit and/or confiscate or in any other manner deal with the Applicant’s property and assets in flagrant violation of the Applicant’s fundamental rights guaranteed under sections 37, 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 (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 2004.
He also wants the court to restrain the respondents, whether by themselves, their servants, agents, officers or otherwise howsoever from further violating the fundamental rights of the applicant through unlawful arrest and detention except and in a manner permitted and sanctioned by law.
He also wants the court to restrain the respondents whether by themselves, their servants, agents, officers or otherwise howsoever from further constituting a threat or hindrance to the applicant’s lives, their property and investments in any manner whatsoever.
He further restrained the respondents, whether by themselves, their servants, agents, officers or otherwise howsoever from further arresting, detaining, persecuting, trailing or in any other manner taking steps that may jeopardize the liberty, freedom and life of the applicant except and in a manner permitted and sanctioned by law.
The case has not yet been assigned to a judge.
-Vanguard