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Court orders DSS to charge or release Ifeanyi Ubah

By Muyiwa Adeyemi (Head South West Bureau) and Joseph Onyekwere (Lagos)   |   26 May 2017   |   4:36 am  

Justice Mohammed Idris, while ruling on the application for Ubah’s release held that his detention without charge violated his rights, adding that the Agency lied on oath to justify the applicant’s illegal detention.

A Federal High Court sitting in Lagos yesterday ordered the Department of State Services (DSS) to either charge the Managing Director of Capital Oil & Gas Ltd. Ifeanyi Ubah to court or release him unconditionally within 48 hours.

Justice Mohammed Idris, while ruling on the application for Ubah’s release held that his detention without charge violated his rights, adding that the Agency lied on oath to justify the applicant’s illegal detention.

The judge also dismissed DSS and Nigerian National Petroleum Corporation (NNPC’s) preliminary objections against Ubah’s application. DSS had arrested Ubah over alleged economic sabotage and illegal sale of petroleum products stored in his tank farm by the NNPC.

But Ubah filed the application, praying the court to order his release. In his ruling, Justice Idris held that Section 41 of the Constitution and Article 12 of the African Charter guarantee the right to free movement by every Nigerian.

His words: “Democracy must have practical means of securing accountability for human rights violations. We must as a nation ensure that human rights are protected and enforced in real time.

“In the entire circumstances of this case, I hold that the applicants have established the case against the fourth and fifth respondents, being the DG of SSS and DSS for the violation of their rights as guaranteed under the constitution.

Meanwhile, the governor of Ekiti State, Ayodele Fayose has demanded the immediate release of Ubah who has been detained by the DSS since May 5, 2017. He described his continued detention as an act of recklessness.



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