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Gov. Fayose Wins Federal Government As High Court Fines DSS Millions Of Naira For Illegal Detention Of Ekiti Lawmaker
A Federal High Court in Ado-Ekiti on Wednesday fined the
State Security Services, SSS some millions for illegally arresting and
detaining a member of the Ekiti State House of Assembly.
The Department State Security Services (DSS), was on Wednesday, fined
N5million by the Federal High Court in Ado-Ekiti Division, for
illegally arresting and detaining a member of the Ekiti State House of
Assembly, Afolabi Akanni, who represents Efon Constituency 1.
It can be recalled that Akanni was whisked away on March 4 by DSS
operatives who invaded the House of Assembly complex for alleged breach
of security regulations. He was eventually released on March 22.
Akanni who was not in court on Wednesday, was represented by his
counsel, Obafemi Adewale, who told the judge, Taiwo Taiwo, that his
client could not be physically present because he was still receiving
‘post-traumatic’ treatment in a hospital outside the state.
The lawmaker fell so sick at DSS detention
While delivering his judgment, the judge, noted that the Respondent,
DSS, had all along failed to either deny or defend the position, facts
and allegations of the applicant, adding that in the eyes of the law,
‘there is no basis for the court to believe that all that the applicant
had alleged against the DSS were not true.’
According to him, Akanni’s fundamental rights as a citizen of
Nigeria, as specified by the principles of the Rule of Law and the
African Charter on the Rights of individuals, had been violated by the
DSS in illegally arresting and continually detaining him for 18 days.
The court also granted three out of the four reliefs sought by the
applicant’s counsel, which are, “whether the applicant’s unlawful arrest
and detention is justified, whether the said intimidation, torture and
continued detention is not a violation of his fundamental human rights
and a violation of the Rule of Law, and whether the applicant’s is not
entitled to damages.”
After the court session, Adewale, described the judgment as a
courageous demonstration of the willingness and readiness of the
judiciary to protect the sanctity of the constitutionally guaranteed
fundamental rights of the citizens of this country.
“This is not about Afolabi Akanni, it is not about the Ekiti State
House of Assembly, and it is not about Governor Fayose. It is about the
ordinary man on the streets who has this right but who is now facing an
apparent trend all over the federation of a gradual return to the days
of impunity when security agencies trudge relentlessly on the rights of
the citizens of this country under various guises.
Gov Fayose gifts him a new car when he was later released
“The people working in security have their limits as specified by the
laws that created them but most of them operate as if they are above
the law. What the court has done today is to again re-emphasize that we
have a constitution in Nigeria which is supreme to every other organs of
government and which guides every of our conduct including the
President of the country.
“It is not even about the N5 million awarded for damages and the
court has stated that when you do what the DSS has done to Akanni, the
fine must be paid. Within the parameters of the law, we will ensure that
the money is paid by the Respondent,” he said.
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