Court orders DSS to grant EX Director access to lawyers, doctors, family members

A Federal High Court in Abuja has ordered the Department of States Security Service (DSS) should allow it’s retired Director, Abba Kaka Mohammed currently held in its custody unfettered access to his doctors, family members and his lawyers.

Justice Bababtunde Quadri who issued the order further directed that the detained former DSS director be all access to specialised diet and personal medication.

The DSS said he was detained on alleged gun running offence on July 17, 2017 but had neither been released not charged to court ever since.

The action of the court was sequel to fundamental rights enforcement suit marked FHC/ABJ/ CS/800/17 filed against the Director, State Security Service and Attorney-General of the Federation and Minister of Justice, Abubakar Malami.

His Counsel, Samuel Ogala told the court that his client had taken critically ill and should be released or charged to court in order to get adequate medical attention.

But the application could not be heard yesterday as counsel to the respondents, Micheal Ubi asked for time to respond to some of the processes served on him by the applicant’s counsel in court.

Before that, he told the court that the applicant was detained on orders of Justice Yusuf Halilu of the FCT High Court, which he said was still subsisting.

Justice Quadri confirmed that the said order in reference was issued on August 28, 2017 and will expire on Monday next week.

It was at this stage that counsel to the applicant moved the court to allow his client access to his medication, doctors, lawyers and family members.

The oral application which was not opposed by counsel to the respondents was accordingly granted by the court.

Meanwhile, the case has been transferred to the central registry for re-assignment as the vacation period ended yesterday.

The detained former Director has  approached the Abuja Division of the Federal High Court for a “A declaration that the detention of the applicant at Abuja by the first respondent in their detention facility since July 17, 2017 till date without being charged to court for a known offence is illegal and unconstitutional as it violates the applicant’s fundamental rights to personal liberty, dignity of person and fair hearing as enshrined in section 34, 35 and 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 5, 6 and 7 of the African Charter on Human Rights and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of the Federation of Nigeria, 2004”

He wants the court to declare that his detention by the first respondent without access to his medical doctors, drugs, family and lawyers, since July 17, 2017 till date is illegal and unconstitutional as it violates his fundamental rights to health, freedom of association.

He also wants an order of the court directing his immediate and unconstitutional release from custody of the first respondent forthwith and to compel the respondents jointly and separately to pay him the sum of N2 billion as general and aggravated damages for the illegal violation of his fundamental rights to life, dignity of his person, fair hearing, health, freedom of movement and freedom of association.