On Thursday, the Abuja Division of the Federal High Court ordered the State Security Service (SSS) to pay N5 million to one Sanusi Shuaib, an Abuja-based commercial driver, for wrongful arrest and detention.

Justice Mobolaji Olajuwon gave the order while delivering judgment in a fundamental rights enforcement suit filed by Mr Shuaib, challenging his detention without trial since his arrest in 2023.

The judge also ordered the SSS to release Mr Shuaib immediately after wrongfully detaining him without trial since January 16, 2023.

Justice Olajuwon held that the SSS flagrantly flouted the 1999 Constitution, which prohibits the detention of any Nigerian beyond 48 hours without a court order.

The judge noted that on March 29, 2023, the SSS got an order from the Federal High Court to hold and detain the driver for only 20 days to investigate and charge him to court if indicted of any crime.

She held that since the SSS failed to apply to the court for an extension of the 20-day detention period and did not arraign Mr Shuaib, further detention was unlawful, illegal, unconstitutional, and null and void.

Justice Olajuwon also held that the SSS had breached Mr Shuaib’s fundamental right of freedom of movement.

She faulted the claim by the SSS that the detainee had been moved to the military detention facility in Gwa Gwa, Niger, on alleged terrorism.

According to her, there is no evidence to that effect before the court.

The judge nullified the continued detention of the driver and ordered his immediate release from the SSS custody in Abuja.

Mr Shuaib sued the SSS through his lawyer, Bala Dakum, for violating his fundamental rights.

He told the court that the SSS had accused him of possession of firearms to supply them to terrorists.

The driver asked the court to order his release and order the SSS to pay compensation of N50 million to him for the unlawful detention. 

(NAN)