Justice Gabriel Kolawole of the Federal High Court siting in Abuja on Wednesday struck out the N10 billion suit slammed by former governor of Benue state, Gabriel Suswam, against the Department of State Services (DSS), its Director General and the Attorney General of the Federation (AGF) and Minister of Justice for his unlawful arrest and detention since February 25, 2017 without following due process of the law.
The court struck out the suit following an application by counsel to the former governor, Joseph Daudu (SAN) for the withdrawal of the suit. On the ground that his client was on Sunday May 7, 2017 released from the detention by the DSS.
He informed the court that Suswam, immediately after his release from detention was rushed to hospital and the doctor recommended that he should remain on bed rest for some time.
He said the medical document by the doctor recommending a bed rest for the former governor was dated May 10, 2017 and added that he (Suswam) may not be strong enough to appear in court today in a matter involving him.
Counsel to the Federal Government, Mr. C.D Akpe, who is a Senior State Counsel in the Federal Ministry of Justice did not object to the application for the withdrawal of the suit filed by the former governor and the court consequently struck it out.
Suswam had, in the fundamental rights enforcement suit asked the court for a declaration that his arrest and detention by the DSS, without trial or due process being followed violated his fundamental rights to personal liberty guaranteed by Section 35(1) of the constitution and Article 5 and 6 of the African Charter on Human and Peoples Rights and is therefore unconstitutional, unlawful, illegal, null and void.
He also prayed the court to declare that his continued detention by DSS operatives, under the instruction and direction of the D-G, DSS since February 25, 2017 till date without trial or due process violates his fundamental rights and therefore unconstitutional, unlawful, illegal, null and void.
The former governor sought an order of the court directing the DSS and its D-G to release him forthwith or produce him forthwith to the court for the purpose of being released and an order of injunction restraining the respondents from administering any form of torture or inhuman or degrading treatment on him and if proven to have been administered, to nullify any statements, documents or other materials that may have been extracted or obtained from him under such unwholesome and constitutionally prohibited circumstances.
The former governor also prayed for an order compelling the Respondents to release him unconditionally from unlawful detention pending (if any) the commencement and final determination of trial for any offence or offences with which the Respondents or the Federal Government may charge or wish to charge him.
Suswam alleged that operatives of the DSS arrested him on Saturday February 25 and had detained him since then under the instruction of the D-G of the DSS, without being charged before a competent Court of Law.
He said his detention has seriously affected his health, which he said is deteriorating on a daily basis due to lack of access to medical care.
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