Detained for 35 Days Without Trial, Suswam Asks Court to Order His Release

Tobi Soniyi
Former Governor of Benue State, Gabriel Suswam, on Tuesday filed a suit at the Federal High Court in Abuja, against the Department of State Services (DSS), its Director General and the Attorney General of the Federation for illegally detaining him for over 35 days without charging him to court.

In a fundamental right enforcement suit filed yesterday on his behalf by Joseph Daudu (SAN), marked FHC/ABJ/CS/279/2017, Suswam is asking the court to order his immediate release.
He also asked the court to order the respondents to pay for him exemplary damages in the sum of N10billion for his unlawful arrest and detention since February 25, 2017, without trial.

By the suit, the applicant wants “A declaration that the arrest and detention of the applicant (Suswam) on February 25, 2017, till the date in Abuja by the operatives under the instruction of its director general without trial or due process being followed violates the applicant’s fundamental right to personal liberty guaranteed by Section 35(1) of the 1999 Constitution and Article 5 and 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap 10, Laws of the Federation of Nigeria 1990, and is therefore unconstitutional, null and void.”

Among other reliefs, the plaintiff seeks, “A declaration that his continued detention by operatives of the DSS under the instruction and direction of the DG since February 25, 2017 till date, without trial or due process violates his fundamental rights to freedom of movement as guaranteed in Section 41(1) of the 1999 Constitution (as amended) and Article 6 and 12 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act Cap 10, Laws of the Federation of Nigeria 2004 and is therefore unconstitutional, unlawful, illegal, null and void.”

Suswam also asked the court to direct the respondents particularly to release him forthwith or produce him in court for purposes of his being released.

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

More so, Suswam prayed for an order compelling the respondents to forthwith release him unconditionally from unlawful detention pending (if any) the commencement and final determination of a trial for any offence or offences with which the respondents or the federal government might wish to charge him.
Suswam predicated the suit on the grounds that on February 25, 2017, he was arrested and detained by the DSS in respect of a purported allegation that he is in possession of fire arms.

He stated that since his arrest, he has been in custody of the DSS without being charged to court.
In addition, he is contending that his continued detention has seriously affected his health which is deteriorating on a daily basis due to lack of access to medical care.
“That the period of his arrest and detention without bail offends the provision of Section 35 (5) (a) and (b) of the 1999 Constitution as amended.

“That the DSS is required by law to charge him to court within a reasonable time before a competent court of law.
More so, Suswam posited that no specific allegation of a crime or an offence has been levelled against him, adding that he has not been confronted with the allegations by his accuser(s) if any, since detention.
No date has been fixed for the hearing of the matter.