Mohammad Abdulhamid Drags SSS, Army To Court For Unlawful Detention Alleging Him To Be Boko Haram Member, Demands N100M

Mohammad Abdulhamid(known as Ngudgbo) has dragged the Nigerian Army and DSS to Court over his unlawful detention for a period longer than the time prescribed by the 1999 Constitution of the Federal Republic of Nigeria.

This is contained in a fundamental rights suit filed before the Federal High Court through his Lawyer, Hameed Ajibola Jimoh Esq., which was made available to TheNigeriaLawyer (TNL).

In the application filed before the Court, he sought eight reliefs from the Court. Part of his reliefs are:

1. A DECLARATION that the arrest of the Applicant by the Civilian Joint Task Force (Civilian JTF) established/created by the Federal Government of the Federal Republic of Nigeria (i.e. 1 st Respondent) on the 24th day of May, 2015 whether with or without a warrant of arrest was without any reasonable suspicion against the Applicant and was therefore arbitrary, unlawful, illegal, prejudicial and constitutes violation of the applicants fundamental rights guaranteed under sections: 35 (1) (a-f), (4), (5) and (6) and 36 (1) and (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on Human and Peoples Rights as ratified by the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, 1990 and was therefore unconstitutional, unlawful, illegal, null and void.

2. A DECLARATION that the continued detention of the Applicant by the 1st, 2nd, 3rd and 4th Respondents (jointly and or severally) in the custody of the 2 nd, 3rd and 4th Respondents from the 24th day of May, 2015 to the 23 rd day of April, 2018 when he was only arraigned in this Honourable Court in criminal proceedings and remanded in Kuje prison custody, which was a period more than eight hundred (800) days inclusive of the day of his arrest , without bail, without court order permitting the Respondents to detain him beyond Constitutionally mandated reasonable time, without charging him to court for trial as required and mandated by law is arbitrary and constitutes violation of the applicants fundamental rights guaranteed under sections: 35 (1) (a-f), (4), (5) and (6) and 36 (1) and (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 6 and 7(1) (b) of the African Charter on Human and Peoples Rights as ratified by the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, 1990 and was therefore unconstitutional, unlawful, illegal, null and void.

In addition, he seeks for damages of #100,000,000 for unlawful detention thus:

“AN ORDER of this Honourable Court compelling the Respondents (jointly and or severally) to pay to the Applicant the sum of one hundred million naira ( ₦100,000,000.00) only being compensation/general damages and exemplary damages against the Respondents (jointly and or severally) for breach of the Applicant’s fundamental rights to personal liberty, maliciously prosecuting the Applicant, psychological trauma, e.t.c.”

Meanwhile, the applicant stated he was unlawfully arrested on the 24th day of May, 2015 , when he went to withdraw some amount of money around 5 oclock PM from the ATM at Kabusas Branch of the Fortis Microfinance Bank Plc., Abuja.

However, that he was arrested by the Civilian Joint Task Force (Civilian JTF). At first, he was questioned why he has been living in Abuja for the past 5 years without visiting his Borno State where he hailed from. As a result, he was invited for questioning.

However, he noted that he has been in detention for a very long time without allowing him to have access to his family members.

In addition, paragraph 19 of the Affidavit attached to his application states:

“That on that one week or more, I was given a laptop that I should open my facebook account and my email address and I then opened my facebook account and email one after the other.”

In addition, he stated that he was taken to Maiduguri office of the DSS and was detained there.

“That after a week or more, I was brought out of the cell and I was shown two men, and the 2 nd Respondents asked me whether I knew them and I replied that I knew them and that they were my political opponents and that I and the two men have been having some political issues (quarrels) arising from the misunderstanding that arose between us while I was in politics in Maiduguri, Borno State, as the Youth Leader of the Former Governorship aspirant under the Peoples Democratic Party (PDP)-Mohammed Gonis- Campaign Organisation, while the two men were in the All Progressive Congress (APC) Political Party.”

“That to my surprise, I was later wrongly accused of being a member of the Boko Haram (a proscribed terrorist group).”

In another development, he stated that he was charged at the Federal High Court in charge no: FHC/KAINJI/CR/29/2018, for being a member of Boko Haram and was later discharged and acquitted by Hon. Justice Nyako.

Again, he stated that he has been invited on 30th day of July, 2020 by the Officer in Charge of DSS to come and narrate the incidents that had occurred to him.

Hence, he urged the Court to grant all his reliefs and a perpetual injunction restraining them from further arresting him.

“AN ORDER of perpetual injunction of this Honourable Court restricting and or prohibiting the Respondents (jointly and or severally) either through themselves or their agents, assignors or any person acting on their behalf or on their authority from or through any of their commands or offices either in Maiduguri, Borno State or in any other State(s) of the Federation or elsewhere, from further inviting, or arresting or detaining and or interrogating the Applicant on the subject matter of the offence/charge of which the Applicant had been discharged and or acquitted by this Honourable Court on the 3rd day of July, 2020 in Charge No.: FHC/KAINJI/CR/29/2018, BETWEEN: FEDERAL REPUBLIC OF NIGERIA V MOHAMMED ABDULHAMID (AKA NGUBDO) Presided over by His Lordship, Honourable Justice B.F.M. Nyako.”

Meanwhile, the other Respondents in the suit are Attorney General of Federation, DSS, Nigerian Army and Ministry of Defence.