Court declares SARS’ detention of businessman illegal

A Federal High Court in Abuja, on Tuesday, declared the arrest and detention of a businessman, Folunsunsho Jegede by the Special Armed Robbery Squad (SARS) in the past six months as illegal and unconstitutional.

The court held that the action of the anti-robbery outfit against the businessman for a period of six months constituted a breach of his fundamental rights to the freedom of liberty as enshrined in the 1999 constitution.

Justice Ahmed Ramat Mohammed who delivered judgment in a fundamental rights suit instituted against the Inspector General of Police (IGP), however, gave the police three weeks within which to charge the businessman to court if he has committed any offence.

Justice Mohammed said that in the event of police failing to file charges against Jegede within the said three weeks, his court will have no option than to admit the detainee on bail.

In the judgment that lasted almost one hour, the judge declined to make comment on the N200 million demanded by the detainee as compensation for the deprivation of his right to freedom of liberty.

In the undefended court action, the judge held that the police was reckless in the arbitrary arrest and detention of the detainee for a fairly long period of six months without charging him to court.

Specifically, the judge agreed that section 35 of the 1999 constitution which guaranteed the personal liberty to freedom of movement was brazenly breached for six months and that the police action was condemnable for failing to react to the court action instituted by the detainee despite being served with hearing notice several times.

“This court has taken a serious look into the fact that the detainee was arrested in Karmo and moved to SARS camp at an abattoir in Abuja, where he had been subjected to torture severally while no charge was prepared against him. This court is convinced that the applicant ought to have been charged to court for any offence committed because the distance between Karmo and SARS camp where the detainee was arrested is less than 14 kilometres to where he is been detained.

Justice Mohammed said the continued detention of the applicant is unconstitutional and that he will have no choice than to admit him to bail in the event of police refusing to charge him to the court within three weeks.

Jegede had through his counsel, Oghenevo Otemu, instituted a N200m fundamental rights action against police, praying the court to declare his arrest unlawful and to order his immediate release from SARS detention.

He also prayed the court to award N200m against police in his favour as compensation for breach of his rights to freedom of liberty by police.