Unlawful detention: Ex-Gov Suswam slams N10bn suit against DSS, others

Former governor of Benue State, Gabriel Suswam has slammed a N10 billion suit 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 by the DSS since February 25, 2017 without following due process of the law.

Suswam, in the fundamental rights enforcement suit filed on his behalf at the Federal High Court in Abuja by his counsel, Joseph Daudu (SAN), is praying 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.

Suswam is also praying the court to declare that his continued detention by the DSS without charging him before a criminal court of competent jurisdiction by the AGF for any offence, violates his fundamental rights to personal liberty.

The former governor wants an order of the court directing the DSS and its DG to release him forthwith or produce him forthwith to the court for the purpose of being released.

He also wants, “An order of injunction restraining the respondents, particularly the first Respondent (DSS), whether by themselves or by their servants, officers, agents or privies or otherwise howsoever prevented from administering any form of torture or inhuman or degrading treatment on the Applicant (Suswam) and if proven to have been administered, to nullify any statements, documents or other materials that may have been extracted or obtained from the Applicant under such unwholesome and constitutionally prohibited circumstances.”

The former governor is also praying 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.

In the suit filed on Tuesday, Suswam alleged that operatives of the DSS arrested him on Saturday February 25 and had detained him since then under the instruction of the DG 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.

“That the period of the arrest and detention of the Applicant without trial offends the provisions of Section 35(5)(a) and (b) of the 1999 constitution (as amended), the suit stated and added that the Respondents are required by law to charge Suswam to court within a reasonable time before a competent court of law.

The suit noted that no specific allegation of crime or an offence has been levelled against Suswam and that, he has not been confronted with any allegation by his accusers, since detentions.

The suit, which was filed yesterday, has not been assigned to any Judge.