Head of the Benue State Livestock Guards, Alhaji Aliyu Teshaku, has dragged the Director General of Department of State Services, DSS, the Chief of Army Staff and the Attorney General of the Federation to a Makurdi Federal High Court, seeking the enforcement of his fundamental human rights over his alleged unlawful detention.
Alhaji Teshaku was whisked away from Makurdi on April 27, by security operatives for yet undisclosed reasons and is yet to be arraigned in court.
An application for the enforcement of his fundamental rights was, yesterday, brought before a Makurdi Federal High Court, presided over by Justice Hassan Dikko by his counsel, Mr. Emmanuel Agbako. Agbako, who in his plea hinged his application on the provisions of section 35(4)(5) of the Nigerian Constitution, urged the court to order the release of the applicant, arguing that his continued detention was an infringement of his fundamental rights.
He contended among others, that “Alhaji Teshaku was arrested by the army, the Department of State Services, DSS, and the Police jointly on April 27, 2018 and up till now he has not been charged to court.
“We are also not aware of any order of remand which is capable of granting the right to these persons for his remand. So we are saying that this is an aberration of the constitution of the Federal Republic of Nigeria.
“Every Nigerian has a constitutional right by the provision of section 35(4)and(5) of the constitution which provides that any person arrested for committing an offence shall be taken to court within reasonable time.
“And sub-section five of that section has defined reasonably time. If there are courts of competent jurisdiction within 40 kilometres, it is one day.
He was arrested here in Makurdi in the office of the Special Adviser to the Governor on Security and there are so many courts here including the Federal High Court, State High Courts and Magistrate Courts but has not been taken to any of these courts.”
Justice Dikko adjourned the matter to September 27 for hearing, while the substantive application will be served on the respondent before the adjourned date.