Justice E. Okpe of Federal Capital Territory(vacation) High Court on Friday dismissed a fundamental human rights suit filed by a staff of the Central Bank of Nigeria(CBN), Mrs Sa’adatu Yaro, against the Department of State Services(DSS) which sought an order releasing her six (6) exotic cars seized by the secret police on July 12 as well as bail from continued detention.
The cars in question are Mercedes G Wagon, Land Cruiser Prado, and four saloon cars.
THE WHISTLER reports that Yaro is the second defendant in another suit instituted against the suspended governor of the CBN, Godwin Emefiele, before Justice Hamza Muazu by the Office of the Attorney General of the Federation which borders on alleged N6.9 billion procurement fraud.
In the motion on notice (FCT/HC/CV/6918/23) obtained by THE WHISTLER and filed by Yaro’s lawyer, J.B Daudu SAN, he said that DSS’s detention of his client is illegal because, before the invitation by the secret police, Yaro was a subject of an investigation by the Economic and Financial Crimes Commission (EFCC) between November 2022 and May 2023.
He added that from the investigation carried out by the EFCC, nothing implicating or incriminating was found against the Applicant.
“The DSS have been embarking on media trial against the Applicant and her lovely husband making all sorts of unfounded allegations,” he stated.
Daudu further argued that the DSS, not being an anti-graft agency, lacked jurisdiction or statutory powers to inquire into business dealings of the applicant.
He said the continuous detention and torture of the applicant by the DSS since the 12th day of July 2023 violates the applicant’s Right to Dignity of Human Person and Right to Personal Liberty guaranteed by Sections 34 & 35 of the 1999 Constitution of the Federal Republic of Nigeria.
Some of the reliefs he sought against the DSS partly states: “A declaration that the seizure of the applicant’s Six (6) exotic cars by agents, officials, servants and/ or privies of the 1st respondent in her house on the 12th day of July 2023 in addition to her unlawful arrest and detention and the unlawful arrest and detention of her Husband, Alhaji Aminu ldris Yaro (spouse), which events took place contemporaneously constitutes an infringement of the Applicant’s Fundamental Human Right guaranteed under Section 43 and 44(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 17 of the African Charter on Human and Peoples’ Rights to own moveable and immovable properties.
“A Declaration and an Order that the DSS not being the Police Force recognised by the provisions of section 214-(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to exercise exclusive police powers over all and sundry in Nigeria lacks jurisdiction to arrest and detain the Applicant for any offence outside the purview of the National Security Act of 1986 and lacks powers to arrest, detain and investigate the said Applicant for alleged financial misdemeanours or any other like criminal allegation or even with respect to matters or body of matters which are the subject of a civil contract or commercial transactions.
” An order releasing the applicant on bail, either unconditionally or upon such condition(s) as this Honourable Court may deem fit and reasonable in the circumstances of this action pending his proper arraignment before a court of competent jurisdiction.
“An order directing the unconditional release of the Applicant’s Six (6) luxury (top range) cars which include a Mercedes G Wagon, Land Cruiser Prado and four other saloon cars for amounting to a breach of the Applicant’s Fundamental Right to own moveable and immovable properties.”
But in the DSS’ counter affidavit obtained by THE WHISTLER, Hamza Pandogari deposed before the court that part of the mandate of the secret police is to detect, prevent and investigate Economic Crimes of National Security Dimension, as well as any activities that could sabotage the country’s economic development.
He stated that Yaro was arrested upon reasonable suspicion of committing acts which constitute criminal conspiracy, receiving and concealing gratification, economic sabotage, economic crimes of national security dimension and undermining the security of the Federal Republic of Nigeria.
He told the court that the applicant was suspected to be carrying out dubious businesses and was working with her husband (Aminu) to “serve as major conduit for the pliffering of public funds by government officials, including the suspended governor of the CBN (Godwin Emefiele).”
The DSS lawyer, I. Awo, contended at the proceedings that credible intelligence showed that the CBN staff through the help of her husband was making phone calls to yet-to-be-identified persons on how to flee the country.
He urged the court not to grant the reliefs sought by the woman and her husband.
In his verdict on Friday, Justice Okpe held that DSS was able to prove that the applicant was lawfully arrested and detained.
He added that fundamental right suits should not be used as a shield against investigation by security agents.
He subsequently dismissed the case in favor of the DSS.