Illegal detention: Court to rule on Peace Corps case July 6

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01 July, 2017

Respondents in the suit include the Inspector-General of Police, Ibrahim Idris, the National Security Adviser, Babagana Monguno, the Director-General of the State Security Service, Lawal Daura, and the Minister of Justice, Abubakar Malami.

The organisation, in its suit filed by Kanu Agabi, a former Attorney General of the Federation, prayed the court to declare the arrest of the organization's executive director, Dickson Akoh, as well as the sealing off of its office as illegal.

Counsel representing the third to sixth respondents, Oyin Kolesho in his argument also urged the court to dismiss the apllication on the grounds that the arrest of Akor, in line with Section 35 (1) c of the Nigerian constitution, the arrest and detention of the applicant can not be said to be unlawful, having been made upon the reasonable suspicion of commission of any.

"I submit that the respondents are unable to substantiate their allegations.I urge my lord to grant all the reliefs sought by the applicants".

Agabi, further pointed out that the attention of the court to various exhibits, one of which was a police investigation report which the police itself said that the objectives of the organisation were legal, also the judgement of Justice Umar Mohammed which had declared that the organisation was legal.

He added that no appeal was recorded against the judgments won by the applicants.

He said that the fact that the Peace Corp was a registered organisation was not in dispute but that the Peace Corp was operating outside its mandate as registered Non-Governmental Organisation (NGO). "It should operate as an NGO, not try to operate as a security outfit", said Mr. Igbodo, praying the court to dismiss the application in its entirety.

Oyinkole Oshd, counsel to third to sixth respondents held that In view of Section 35 1c, the arrest and detention can't be said to be unlawful having been made upon a reasonable suspicion of committing a crime.

He further said a criminal charge had been brought against the applicants and the detention of the applicants did not exceed 48 hours therefore, it could not be said to be unlawful.

"The appellants has not shown that it is allowed to engage in recruitment, collection of fees from the public, training and wearing of uniform".

Justice Gabriel Kolawole of the Federal High Court, Abuja, on Wednesday fixed July 6 to deliver judgment in the N2 billion fundamental human rights suit filed by the Peace Corps of Nigeria against the Nigeria Police and others.

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He told the court that the contention that their activities is military has not been substantiated, the primary objection as registered with the Corporate Affairs Commission (CAC), is that of discipline, the respondents are only saying they look too agile enough.


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