The Federal High Court in Abuja has fined the Department of State Services (DSS) N5 million for unlawfully detaining Abuja-based commercial driver, Sanusi Shuaib, for over a year.
The Court directed the DSS to pay the detainee the N5 million compensation and immediately release him from custody.
Justice Mobolaji Olajuwon, in a judgment on Thursday, criticized the DSS for violating Section 35 of the Constitution by detaining the driver beyond 48 hours without a court order.
The Court noted that the DSS obtained an order from the Federal High Court on March 29 the previous year to detain the driver for 20 days for investigation, but failed to seek an extension or charge him to court afterward. Therefore, any detention beyond the initial 20 days was deemed unlawful.
Background
The detained driver, through his lawyer, Bala Dakum, had challenged his unlawful detention since March 16 the previous year, claiming he was accused of possessing firearms for terrorists.
He sought his release and N50 million compensation.
Justice Olajuwon ruled in favor of the applicant, stating that the DSS had violated his fundamental rights to freedom of movement.
The Judge disagreed with the DSS’s claim of being granted six months to detain the driver, emphasizing that the court’s order was only for 20 days.
Furthermore, Justice Olajuwon dismissed the DSS’s assertion that the detainee was transferred to a military detention facility for trial on terrorism charges, citing lack of evidence.
The Judge also refuted the security agency’s claim of receiving approval from the Attorney General of the Federation for the driver’s trial, clarifying that the AGF’s office recommended further investigation, which was not conducted.
Consequently, the Court nullified the driver’s continued detention and ordered his immediate release from DSS custody in Abuja.
