Chima Ubani V. Director of State Security Services & Anor (1999)

LawGlobal-Hub Lead Judgment Report

OGUNTADE, J.C.A. 

On 26-7-95, the Federal High Court in Lagos granted leave to the appellant pursuant to the Fundamental Right (Enforcement Procedure) Rules, 1979 to pursue the reliefs he sought arising from his detention by the Inspector-General of Police under a Detention Order. The reliefs sought by the appellant were these:

“1. A declaration that the arrest on 18th July, 1995 of the applicant at his residence and his subsequent detention at the State Security Services detention cell at Shangisha, Lagos without being charged to court is unconstitutional, null and void.

2. A declaration that the continuous detention of the applicant by the respondents at the said detention cell is a flagrant violation of the applicant’s right to freedom of movement and is unconstitutional, null and void.
3. An order releasing the applicant from the said detention forthwith.
4. An order that the Respondents pay compensation to the applicant for the violation of his fundamental rights in the sum of Five Hundred Thousand Naira (N500,000.00)”

The grounds upon which the above reliefs were sought were stated to be the following:

“1. The arrest and detention of the applicant by the Respondents aforesaid is not in accordance with the procedure permitted by law and constitutes by reason thereof violent infringement of his right to personal liberty, dignity of his person, right to fair hearing guaranteed by Sections 31, 32, and 33 of the Constitution of the Federal Republic of Nigeria as amended and the African Charter on Human and People’s Right (Ratification and Enforcement) Act Cap 10 Laws of the Federation of Nigeria 1990.

2. The restriction of the movement of the applicant is a violation of his right to freedom of movement guaranteed by Section 38 of the Constitution of the Federal Republic of Nigeria as amended, Article 12 of the aforesaid African Charter on Human and Peoples Rights, the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration of Human Rights, 1948.
3. The applicant is entitled to the protection of their (sic) fundamental liberty and freedom of movement as well as damages for violation of he aforesaid rights.”

There was an affidavit filed in support of the application. It was deposed to by one Mr. Kolawole Ogunbiyi, a litigation assistant with the Civil Liberties Organisation, Lagos. Paragraphs 2 to 10 thereof read thus:

“2. That I have the authority of the applicant to depose to this affidavit.

3. I was informed by the applicant and I verily believe him that he was arrested at about 5.00a.m. in his home at No. 50 Akorohunfayo Street, Fadeyi. Lagos on 18th July, 1995 by some plain-cloth operatives of the State Security Services (SSS).
4. That before his arrest the occupants of the premises were harassed and held spell hound for some hours.
5. That his apartment was thoroughly searched and some valuable properties carted away including his books documents and international passport.
6. The said properties were loaded into a waiting 504 Station Wagon with registration number LA 9257 SF.
7. Thereafter, the operation ordered the applicant into the said car and sped off.
8. The said car was driven to the State Security Services al Shangisha and the applicant ordered to be detained since then.
9. That the applicant informed me and I verily believe same that unless this court makes an order releasing him from detention, he may continue to languish in detention without having committed any offence as there is no indication as when he would be charged or released.
10. Applicant informed me and I verily believe him that he has been subjected to many forms of inhuman and degrading treatments since his arrest and that his rights still stands {sic} to be violated if the court does not intervene expeditiously.”

On 29-8-95, the respondents in a Notice of Preliminary Objection wherein they described themselves as applicants objected to the jurisdiction of the lower court in these words:

“TAKE NOTICE that the applicants at or before the hearing of this matter intend to raise the following preliminary Objection on point of law, notice whereof is hereby given to you viz:-

1. That this honourable court lacks jurisdiction to entertain this matter.
2. That the order made ex-parte by this Honourable Court dated the 26th July, 1995 was made without jurisdiction.
3. Any decision of this Honourable Court granting the reliefs sought in this matter by the Respondent shall be null and void and of no effect whatsoever.

AND TAKE FURTHER NOTICE that the grounds are as follows:-

1. That upon reading the motion on notice, the Statement pursuant to order 1 Rule 2(3) of the Fundamental Rights (Enforcement Procedure) Rules, 1979 and the affidavit of urgency in support filed by the Respondent the reliefs sought would not avail him by virtue of:-

(a) A Detention order dated the 18th day of July, 1995 signed by the Inspector-General of Police in respect of the Respondent.

(b) Sections 1 and 4 of the State Security (Detention of Persons) Act Cap 414 Laws of the Federation of Nigeria, 1990 as amended.

(c). Section 1 of the Federation Military Government (Supremacy and Enforcement of Powers) Decree No. 12 of 1994 as amended.

2. That this Honourable Court lacks jurisdiction to entertain this matter.”‘

An affidavit was filed in support of the Notice of Preliminary Objection. It was deposed to that the applicant had been detained under a Detention order signed by the Inspector-General of Police. The applicant deposed to a counter-affidavit through one Obiagwu esq. Legal Practitioner on 18-1-96.