Nigerian Department of State Services In A Total Disgrace
 |
| Hon. Afolabi Akanni |
Court slams DSS over invasion of Ekiti Assembly, award fine Michael Abimboye
The
court ordered the DSS to pay N5m compensation to the arrested Ekiti lawmaker –
The court also granted three out of the four reliefs sought by the applicant’s
counsel Share on Honourable Afolabi Akanni when he
was paraded before press men at the DSS headquarters in Abuja The Federal High
Court, Ado-Ekiti Division, has ordered the Directorate of State Security
Services (DSS) to compensate Honourable Afolabi Akanni, member representing
Efon Constituency 1 at the Ekiti State House of Assembly, with a sum of N5
million for what it called: “illegal arrest and continued detention for 18
harrowing, excruciating and brain cudgelling days, without
access to his lawyers and family.” Akanni was on March 4 whisked away
during an alleged invasion of the Ekiti State House of Assembly complex by men
of the DSS. He was held at the DSS headquarters in Abuja for 18 days without
access to his lawyers and family, in spite of the Federal High court, Ado Ekiti
order for his release on March 8. After a dramatic announcement of his
alleged death by the Ekiti state government, the DSS had brought Akanni to the
public, alleging that he was being held for alleged breaches to some security
regulations.
The
Ekiti lawmaker was eventually released after 18 days of his incarceration. READ
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Counsel to Akanni, Barrister Obafemi Adewale, who appeared for him in Court
today alongside other members of his legal team, apologised for his physical
absence and explained to the presiding judge, Justice Taiwo Taiwo, that he
(Akanni) was still in a hospital outside the state receiving post-traumatic
treatment. While giving his judgment, Justice Taiwo noted that the Respondent,
DSS, had all along failed to either deny or defend the position, facts and
allegations of the applicant, adding that in the eyes of the law: “There is no
basis for the court to believe that all that the applicant had alleged against
the DSS were not true” and that Akanni’s fundamental rights as a citizen of
Nigeria, as specified by the principles of the Rule of Law and the African
Charter on the Rights of individuals, had been violated by the DSS in illegally
arresting and continually detaining him for 18 days. The court also granted
three out of the four reliefs sought by the applicant’s counsel. The three
reliefs granted according to the Justice Taiwo include: “whether the
applicant’s unlawful arrest and detention is justified , whether the said
intimidation, torture and continued detention is not a violation of his
fundamental human rights and a violation of the Rule of Law, and whether the
applicant’s is not entitled to damages.
Responding to the judgment, Akanni’s counsel, Barrister Adewale described it as a courageous demonstration of the willingness and readiness of the judiciary to protect the sanctity of the constitutionally guaranteed fundamental rights of the citizens of this country, adding that: “This is not about Afolabi Akanni, it is not about the Ekiti State House of Assembly, and it is not about Governor Fayose. It is about the ordinary man on the streets who has this right but who is now facing an apparent trend all over the federation of a gradual return to the days of impunity when security agencies trudge relentlessly on the rights of the citizens of this country under various guises.
The people working in security have their limits as specified by the
Laws that created them but most of them operate as if they are above the law.
What the court has done today is to again re-emphasize that we have a
constitution in Nigeria which is supreme to every other organs of government and
which guides every of our conduct including the President of the country. “It
is not even about the N5 million awarded for damages and the court has stated
that when you do what the DSS has done to Akanni, the fine must be paid. Within
the parameters of the law, we will ensure that the money is paid by the
Respondent.” READ ALSO: PDP “suspends” official Twitter handle Also, Speaker of
the Ekiti state House of Assembly, Hon. Kola Oluwawole, said the judgment
has vindicated the House’s position that DSS’ alleged invasion, arrest and
detention of its members were illegal and against the democratic principles of
the country. His words: “The judgment is a vindication of our position that the
DSS’ invasion of the state House on March 4 was an aberration. We cried
to the world over this. The opponents were giving excuses and the DSS were not
even helping the matter, but the judgment has shown that the DSS’ action was
illegal and this will serve as deterrent to the Service and other security
agencies.
Court fines SSS N5million
for ‘illegal’ arrest, detention of Ekiti lawmaker
Director General of SSS, Lawan Daura.
The Federal High Court, Ado-Ekiti
Division, on Wednesday fined the State Security Services, SSS, N5million for
illegally arresting and detaining a member of the Ekiti State House of
Assembly, Afolabi Akanni, who represents Efon Constituency 1.
Mr. Akanni was whisked away on March 4
by SSS operatives who invaded the House of Assembly complex for alleged breach
of security regulations. He was eventually released on March 22.
Mr. Akanni was not in court on
Wednesday.
His counsel, Obafemi Adewale, told the
judge, Taiwo Taiwo, his client could not be physically present because he was
still receiving “post-traumatic” treatment in a hospital outside the state.
Delivering his judgment, the
judge, noted that the Respondent, SSS, had all along failed to either deny or
defend the position, facts and allegations of the applicant.
He said in the eyes of the law, “there
is no basis for the court to believe that all that the applicant had alleged
against the DSS were not true.”
According to him, Mr. Akanni’s
fundamental rights as a citizen of Nigeria, as specified by the principles of
the Rule of Law and the African Charter on the Rights of individuals, had been
violated by the SSS in illegally arresting and continually detaining him for 18
days.
The court also granted three out of the
four reliefs sought by the applicant’s counsel, which are, “whether the
applicant’s unlawful arrest and detention is justified , whether the said
intimidation, torture and continued detention is not a violation of his
fundamental human rights and a violation of the Rule of Law, and whether the
applicant’s is not entitled to damages”.
Mr. Adewale, after the
court session, described the judgment as a courageous demonstration of the
willingness and readiness of the judiciary to protect the sanctity of the
constitutionally guaranteed fundamental rights of the citizens of this country.
“This is not about Afolabi Akanni, it
is not about the Ekiti State House of Assembly, and it is not about Governor
Fayose. It is about the ordinary man on the streets who has this right but who
is now facing an apparent trend all over the federation of a gradual return to
the days of impunity when security agencies trudge relentlessly on the rights
of the citizens of this country under various guises,” he said.
“The people working in security have
their limits as specified by the laws that created them but most of them
operate as if they are above the law.
“What the court has done today is to
again re-emphasize that we have a constitution in Nigeria which is supreme to
every other organs of government and which guides every of our conduct
including the President of the country.
“It is not even about the N5 million
awarded for damages and the court has stated that when you do what the DSS has
done to Akanni, the fine must be paid. Within the parameters of the law, we
will ensure that the money is paid by the Respondent.”
Also, the Speaker of the Ekiti State House
of Assembly, Kola Oluwawole, said the judgment has vindicated the House’s
position that the SSS’ invasion, arrest and detention of its members were
illegal and against the democratic principles of the country.
” The judgment is a vindication of our
position that the DSS’ invasion of the state House on March 4 was an
aberration,” Mr. Oluwawole said.
“We cried to the world over this. The
opponents were giving excuses and the DSS were not even helping the matter, but
the judgment has shown that the DSS’ action was illegal.”
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