Court disbands Ebubeagu security agency in Ebonyi, says establishment unconstitutional

A Federal High Court, sitting in Abakaliki, the Ebonyi State capital, on Tuesday, disbanded the Ebubeagu security outfit in the state.

The disbandment, it was gathered, was a result of several alleged human rights cases of abuse, extortions, illegal arrest and use of firearms by the security outfit.

The Court also ordered the Ebonyi State Government to as a matter of urgency, pay some N50,000,000 to a former Commissioner for Information in the state, Chief Abia Onyike, who the Ebubeagu security outfit, in November 2022, allegedly abducted and tortured for over two hours in the state.

Plaintiff had through his Counsel, Micheal Odo approached the Federal High Court presided over by Justice Riman Fatun and sought a determination on, “Whether the Ebonyi State House of Assembly has the constitutional powers to enact the Ebonyi State Ebebuagu Security Agency Law No. 005 of 2021 having regard to the provisions of item No. 45 of the Second Schedule (Exclusive Legislative List) in the 1999 Constitution of the Federal Republic of Nigeria (As amended) and the National Security Agencies Act (Cap. N78) Laws of the Federation of Nigeria, 2004.

“Whether the establishment of Ebonyi State Ebubeagu Security Agency and the Ebonyi State Ebubeagu Security Corps under sections 6 and 21 of the Ebonyi State Ebubeagu Security Agency Law No. 005 of 2021 is constitutional having regard to the provisions of section 1(3) and section 4(2) and (3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and item 45 of the Second Schedule (Exclusive Legislative List) to the 1999 Constitution of the Federal Republic of Nigeria (as amended).

“Whether the arrest of the plaintiff on 9/11/2022 and detention and torture of the plaintiff by operatives of the Ebubeagu Security Agency and or Ebonyi State Ebubeagu Corps at the Old Government House, Abakaliki, Ebonyi State are lawful having regard to the facts and circumstances of this case; amongst others.”

Consequently, the Court declared that the establishment of Ebonyi State Ebubeagu Security Agency was unconstitutional, null and void. It also averred that the Ebonyi State Ebubeagu Security Agency and the Ebonyi State Ebubeagu Corps have no powers to mount road blocks in Federal Highways and major roads in Ebonyi State.

It further observed that the arrest, detention and torture of the plaintiff by the operatives of the Ebonyi State Ebubeagu Security Agency and or Ebonyi Ebubeagu Security Corps at the Old Government House, Abakaliki, Ebonyi State on 9/11//2022 was unlawful, arbitrary and a gross violation of the plaintiff’s fundamental rights to personal liberty and dignity of persons guaranteed by section 34 and 35 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

The Court also issued an order compelling the 5th and 6th defendants to disarm all members of the Ebonyi State Ebubeagu Security Agency and Ebonyi State Ebubeagu Corps of all guns, arms and ammunition, government property and logistics provided to them by the 1st, 2nd and 3rd defendants in furtherance of the objectives and functions or in the exercise of powers created or conferred by the Ebonyi State Ebubeagu Security Agency Law No. 005 of 2021.

It equally issued an order of perpetual of injunction restraining the defendants, their agents, servants and privies fr recognising, parading or continuing to recognise or parade any person or persons as a state or regional security outfit in the guise of Ebubeagu Security Agency or Ebonyi State Ebubeagu Corps.

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