A fresh application by the office of the Attorney General of the Federation (AGF), on Tuesday, stalled the hearing of a fundamental human rights enforcement suit filed by the former Governor of Benue State, Gabriel Suswam, who has being in the custody of the Department of State Services (DSS) since February 25, 2017.
When the matter came up on Tuesday before Justice Gabriel Kolawole of the Federal High Court in Abuja, applicant’s counsel, Adedayo Adedeji, informed the court that the respondent was served with the originating summons on notice on April 19, 2017.
“However, this morning at about 9.45 am in the court I was served with counter affidavit and a written address in opposition to the summons,” he said.
The counsel then asked the court for short adjournment and the respondent counsel, Terhemba Agbe did not raise any objection to the request for an adjournment and admitted that the applicant was served with it in the court room.
The counter affidavit in question sworn to by Abdullahi Adamu, an operatives of DSS is praying the court not to release Suswam because he is linked with the militant group that attacked Zaki-Biam, Benue State.
DSS also stated that a security report from Benue state government alleged that the state will be ungovernable if Suswam is released.
An attempt by Adedeji to move an ex-parte motion earlier filed that seeks to compel the 1st respondent to unconditionally release Suswam was refused by the judge who noted that it was no longer necessary as the respondents have joined issues.
Suswam, who is currently held in the custody of the Department of State Service (DSS) had asked the Federal High Court in Abuja in the substantive suit for an order of unconditional release from detention.
The ex-governor also asked the court in the suit for N10 billion compensation for unlawful incarceration and violation of his rights.
Justice Kolawole adjourned further hearing in the matter till May 10, 2017.
Suswam was taken into custody by the DSS on 25th February, 2017 when he was invited by the service for some interactions over alleged discovery of firearms in his car at the Dunes in Maitama District of Abuja.
The former governor had asked the Federal High Court in Abuja to order his unconditional release from detention.
Suswam’s request is contained in a fundamental rights enforcement suit filed before the court, where-in he is seeking N10 billion compensation for unlawful incarceration and violation of his rights.
He also asked for another order directing the respondents to tender public apology to him in seven national dailies of very wide circulation for the “illegal arrest and detention.”
Suswam further asked for an order of perpetual injunction restraining the respondents, particularly the DSS from torturing him and if proven that he had been tortured, the court should “nullify any statements, documents or other materials that may have been extracted or obtained” from him under “such unwholesome and constitutionally prohibited circumstances”