An Abuja Division of the Federal High Court, presided over wby Justice Gabriel Kolawole, yesterday ordered the release of three persons suspected to be members of the dreaded Boko Haram sect. The trio, Mustapha Yusuf (aka Habib ), Ismaila Abdulazeez and Ibrahim Isa Hayafu (3rd, 4th and 5th respondents respectively), were discharged based on the fact the Federal Government could not proffer any charge against them after detaining them for over three months. Department of State Security Service had late last year paraded Dr. Nazeef Yunus, a lecturer of the Kogi State University, Ayingba, the three released accused persons and two others for allegedly being members of a Boko Haram cell. Nazeef, 44, said to be a lecturer in the Department of Islamic Studies, was said to be the spiritual leader of the cell. At a resumed sitting, prosecution counsel, Clifford Osagie, informed the court that he had a motion exparte, dated January 22, 2014, seeking for an order of the court for further extension of the detention period of Nazeef (1st), Umar Musa (2nd) and Salami Abdullahi, (6th) respondents by DSS, pending their arraignment for terrorism- related offences. However, Hassan Liman, SAN, counsel for Nazeef, objected and even reminded the court of its order, made January 13, which directed the Federal Government to file formal charges and to prosecute the accused persons within seven days, or risk their release from the custody of DSS. Liman contended that if there would be any application by way of motion exparte for extension of detention of the suspects from the prosecution counsel, the respondents should have been put on notice and served with such an application. He, therefore , urged the court not to take the application and subsequently hold that the respondents should be served. On his part, James Ocholi, counsel to the 6th respondent, aligned himself with the position of Liman, insisting the motion exparte should not be taken, since going by the order of the court at the last adjourned date, “today is meant for DSS to report whether or not charges have been filed against the accused persons. In response, Osagie said, “We can simply say that we have complied with the order of the court, that is why we are seeking further detention of the 1st, 2nd and 6th respondents, pending their arraignment, because the charges have been filed at the court. “It is no longer in our hands, ours is to file the charges, which we have done. It is left for the chief judge to fix a date for their arraignment but on the issue of the 3rd, 4th and 5th respondents, this court is at liberty to discharge them, as no charge has been filed against them,” Osagie stated. In a short ruling, Justice Kolawole ordered the prosecution counsel to serve the motion exparte on the respondents, which he did after the matter was stood down by the court for that purpose. As the court resumed, Musa, the 2nd respondent, who admitted being served a copy of the motion exparte application, told the court to give him a day to secure the services of a lawyer. Reacting, Osagie said since the application has constructively become a motion on notice, “it is only fair and in the interest of justice to give the 2nd respondent the right to hire a lawyer. Both Liman and Ocholi did not oppose Musa’s application. Consequently, the court adjourned the matter to January 28 for hearing of the respondents’ motion on notice and the prosecution’s motion exparte. However, Justice Kolawole ordered that the three other suspects still be remanded under the custody of DSS. The court, therefore, directed all counsels in the matter to avoid late filing of processes, urging them to ensure that they file and serve their processes on or before January 24. Recall that DSS had obtained a court order to detain the suspects for 45 days on November 25, 2013, through an exparte motion to enable it conclude investigation into the allegation. However, at the expiration of 45 days on January 12, DSS approached the court for an order to extend the time to another 45 days, an application, the court rejected. “In view of the circumstances and considering the expiration of the 45 days granted the applicant to prefer charges against the suspects, the court hereby give the applicant seven days from today to file charges against them,” the court stated. Nigeriaonpoint News
Posted on: Sat, 25 Jan 2014 06:35:54 +0000
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