The Federal High Court, Ado-Ekiti Division, has ordered the
\nDirectorate of State Security Services (DSS) to compensate Honourable
\nAfolabi Akanni, member representing Efon Constituency 1 at the Ekiti
\nState House of Assembly, with a sum of N5 million for what it called:
\n“illegal arrest and continued detention for 18 harrowing, excruciating
\nand brain cudgelling days, \u00fdwithout access to his lawyers and family.”<\/p>\n
Akanni was on March 4 whisked away during an alleged invasion of the
\nEkiti State House of Assembly complex by men of the DSS.<\/p>\n
He was held at the DSS headquarters in Abuja for 18 days without
\naccess to his lawyers and family, in spite of the Federal High court,
\nAdo Ekiti order for his release on March 8.<\/p>\n
After a dramatic announcement of his alleged death by the Ekiti state
\ngovernment, the DSS had brought Akanni to the public, alleging that he
\nwas being held for alleged breaches to some security regulations. The
\nEkiti lawmaker was eventually released after 18 days of his
\nincarceration.<\/p>\n
Counsel to Akanni, Barrister Obafemi Adewale, who appeared for him in
\nCourt today alongside other members of his legal team, apologised for
\nhis physical absence and explained to the presiding judge, Justice
\nTaiwo Taiwo, that he (Akanni) was still in a hospital outside the
\nstate receiving post-traumatic treatment.<\/p>\n
While giving his judgment, Justice Taiwo noted that the Respondent,
\nDSS, had all along failed to either deny or defend the position, facts
\nand allegations of the applicant, adding that in the eyes of the law:
\n“There is no basis for the court to believe that all that the
\napplicant had alleged against the DSS were not true” and that Akanni’s
\nfundamental rights as a citizen of Nigeria, as specified by the
\nprinciples of the Rule of Law and the African Charter on the Rights of
\nindividuals, had been violated by the DSS in illegally arresting and
\ncontinually detaining him for 18 days.<\/p>\n
The court also granted three out of the four reliefs sought by the
\napplicant’s counsel.<\/p>\n
The three reliefs granted according to the Justice Taiwo include:
\n“whether the applicant’s unlawful arrest and detention is justified ,
\nwhether the said intimidation, torture and continued detention is not
\na violation of his fundamental human rights and a violation of the
\nRule of Law, and whether the applicant’s is not entitled to damages.<\/p>\n
Responding to the judgment, Akanni’s counsel, Barrister Adewale
\ndescribed it as a courageous demonstration of the willingness and
\nreadiness of the judiciary to protect the sanctity of the
\nconstitutionally guaranteed fundamental rights of the citizens of this
\ncountry, adding that: “This is\u00a0\u00a0 not about Afolabi Akanni, it is not
\nabout the Ekiti State House of Assembly, and it is not about Governor
\nFayose. It is about the ordinary man on the streets who has this right
\nbut who is now facing an apparent trend all over the federation of a
\ngradual return to the days of impunity when
\nsecurity agencies trudge relentlessly on the rights of the citizens of
\nthis country under various guises.<\/p>\n
The people working in security have their limits as specified by the
\nLaws that created them but most of them operate as if they are above
\nthe law. What the court has done today is to again re-emphasize that
\nwe have a constitution in Nigeria which is supreme to every other
\norgans of government and which guides every of our conduct including
\nthe President of the country.
\n“It is not even about the N5 million awarded for damages and the court
\nhas stated that when you do what the DSS has done to Akanni, the fine
\nmust be paid. Within the parameters of the law, we will ensure that
\nthe money is paid by the Respondent.”<\/p>\n
Also, Speaker of the Ekiti State House of Assembly, Hon. Kola
\nOluwawole, said the judgment\u00a0 has vindicated the House’s position that
\nDSS’ alleged invasion, arrest and detention of its members were
\nillegal and against the democratic principles of the country.<\/p>\n
His words: “The judgment is a vindication of our position that the
\nDSS’ invasion of the state House on March 4 was an aberration. We
\ncried to the world over this. The opponents were giving excuses and
\nthe DSS were not even helping the matter, but the judgment has shown
\nthat the DSS’ action was illegal and this will serve as deterrent to
\nthe Service and other security agencies.”<\/p>\n","protected":false},"excerpt":{"rendered":"
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…<\/p>\n","protected":false},"author":1,"featured_media":28720,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-48653","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n