A Federal High Court in Abuja on Tuesday ordered the release of Bashir Hadejia, an ex-aide to the Minister of State for Defence, Bello Matawalle, while he was Governor of Zamfara, unconditionally.
Justice Emeka Nwite, in a judgment, described Hadejia’s arrest and subsequent detention since August 12, 2024, without being charged to court, as unlawful and in breach of his fundamental human rights as enshrined in the constitution.
Justice Nwite, who made an order of perpetual injunction restraining the Inspector-General of Police, his agents or servants, from any unlawful arrest and detention of Hadejia, awarded N10 million as general and exemplary damages against the IG.
The judge declared the invasion of the applicant’s residence by the agents of the police on August 12, 2024, as illegal, unconstitutional, null, and void.
He held that the act was a flagrant violation of Hadejia’s fundamental rights as guaranteed under Sections 34, 35, 36 (5), 37, and 41 of the 1999 Constitution (as amended).
The News Agency of Nigeria reports that Hadejia was allegedly arrested on August 12, 2024 at his residence in Abuja over allegations bordering on “treason and subversion against the state.”
However, in the originating motion marked: FHC/ABJ/CS/1235/2024, filed by Mahmud Magaji, SAN, on Hadejia’s behalf, the lawyer sued the Inspector-General of Police and Bello Matawalle (Minister of State for Defence) as 1st and 2nd respondents.
Also joined in the suit dated and filed on August 22, 2024, were Department of State Service; Chief of Naval Staff; Chief of Defence Intelligence, Defence Intelligence Agency (DIA); and Chief of Defence Staff (CDS) as 3rd to 6th respondents respectively.
The senior lawyer sought nine reliefs including “a declaration that the abduction, harassment, intimidation, unlawful arrest and detention of the applicant (Bashir Hadejia) by the agents of the respondents on 12th of August, 2024, based on the political disagreement between the applicant and the 2nd respondent (Matawalle) is illegal, unconstitutional, null and void.”
He sought an order enforcing Hadejia’s fundamental rights to liberty by directing his unconditional release pending the determination of any allegations that may be raised against him by the respondents.
He equally sought an order awarding the sum of N500 million as general and exemplary damages against the respondents.
In the affidavit deposed to by Abubakar Hadejia, a younger brother of the detainee, he averred that the applicant is a businessman and former Special Adviser on Special Duties to Matawalle while he was governor of Zamfara.
According to him, the applicant is also a Technical Adviser to the incumbent governor of Zamfara State.
He alleged that the residence was invaded without search warrant and the agents of the IG who came for the search did not enter any inventory with respect to what was allegedly found in the house.
Abubakar said when they visited the Intelligence Respond Team, Force Intelligence Department (IRT-FID) on August 16, 2024, they were told that though Hadejia was in their custody, he was not a subject of any investigation.
He said, through their lawyer, they applied for his administrative bail but was denied.
“I know as a fact that: there exists a political disagreement between the applicant and 2nd respondent (Matawalle) who was the Governor of Zamfara State between 2019 and 2023,” he alleged.
He said within the period, Matawalle appointed Hadejia as Special Adviser on Special Duties but that after he lost the bid to return to the seat of the governor in 2023, Matawalle became angry with his elder brother.
He said the feud between them worsened when Hadejia was appointed as Technical Adviser by the incumbent Governor of Zamfara, Dauda Lawal.
He alleged that Hadejia’s entire detention was a political witch-hunt orchestrated by Matawalle in connivance with the 1st, 3rd, 4th, 5th and 6th respondents to tarnish his image and lower his estimation in the eyes of his political and business associates.
However, in separate counter affidavits Matawalle, the DSS, Chief of Naval Staff, DIA and CDS, denied the allegations, describing them as baseless.
They urged the court to dismiss the suit as Hadejia had not placed sufficient evidence before the court to prove his allegations.
Although the 2nd to 6th respondents filed counter affidavits, the 1st respondent (IG) did not.
Delivering the judgment, Justice Omotosho agreed with the arguement of Matawalle that Hadejia had failed to prove all the allegations against him.
He held that sufficient and credible facts must be placed before the court for the applicant to prove his case and where the applicant failed, the court would refuse the application.
According to him, where the applicant placed sufficient evidence before the court, it is there the burden of proof will shift on the respondents.
The judge noted that Hadejia alleged that the 1st, 3rd, 4th, 5th and 6th respondents were acting on the instructions of the 2nd respondent (Matawalle).
Justice Nwite, however, held that there was absolutely no concrete evidence to show that Matawalle was responsible for Hadejia’s predicament and that it was as a result of political disagreement.
Besides, the judge said the applicant failed to show the court that he was ever kept in the custody of the DSS.
“The applicant has woefully failed to prove that his right was denied,” he said.
He said a court cannot decide issues on speculation but on facts.
“Courts of law are courts of facts and law and finding should be based on credible evidence,” he said.
He dismissed all the allegations against the 2nd, 3rd, 4th, 5th and 6th respondents.
However, Justice Nwite observed that Hadejia’s affidavit evidence against the IG (1st respondent) were unchallenged.
He said it is not in dispute that no court has the power to stop the power of security agencies in discharging their power to investigate or prosecute, but where the averments made by an applicant were uncontroverted, they are deemed to be true.
“It is worthy of note that the 1st respondent did not file any process despite being served with the hearing notices and all the court documents,” he said.
The judge, who declared that the continued detention of Hadejia was unlawful, awarded a N10 million fine against the IG, among other orders.
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