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A Federal High Court sitting in Abeokuta, the Ogun State capital, south west Nigeria has ordered the immediate release of a middle aged man and muslin cleric arrested by the Department of State Security on allegation of threat of terrorism and terror activity.
Abdul Ganiy Ibrahim, a 35-year old resident of Ijoko Ota, was arrested alongside his wife in July 2014 by men of the DSS and have not been properly charged in any court of competent jurisdiction, thereby infringing on their fundamental human rights.
Delivering her judgement, the presiding judge, Justice F.O.G Ogunbanjo, said that the continued detention of the man without any formal charge in court violated the fundamental human rights of the accused.
It also violates the Constitution of the Federal Republic of Nigeria and the African Charter on Human Rights and Movement of People.
She has since awarded 1 million Naira for damages and a public apology to the complainant by the DSS.
She, however, went further to say that the order of release given does not stop further investigation of the crime alleged to have been committed by the complainant.
The first complainant, Abdul Ganiy Ibrahim through his counsel had approach the Federal High Court in Abeokuta to challenge his continued detention without trial and prayed the court to declare his detention unlawful, unconstitutional and flagrant abuse of his fundamental human rights.
Speaking off camera after the ruling, Counsel to the DSS, Aisha Gyang, said that the State Security Service would be appealing the judgement as a result of some flaws identified in the judgement.
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