Alleged N11bn Oil Theft: Court Orders DSS To Release Ubah Within 48 Hours
Justice Idris Mohammed of the Federal High Court in Lagos yesterday ordered the Department of State Security (DSS), to charge the detained Managing Director (MD) of Capital Oil and Gas Limited, Patrick Ifeanyi Ubah to court within 48 hours or release him unconditionally.
Justice Idris made the order while delivering judgment on a fundamental right enforcement suit filed by the businessman and his oil firm, Capital Oil and Gas, against the DSS and it’s Director-General, challenging his detention by the security agency.
The judge, who held that Ubah’s detention without charge was illegal, directed the DSS to file a criminal charge against Ubah within 48 hours if it has a case against him or release him with no conditions attached.
He also maintained that security agencies must understand that they are not instruments of debt recovery.”
The court held that the DSS lied on oath in a bid to justify Ubah’s detention, describing it as unfortunate.
Ubah has been in detention since April over allegations of economic sabotage and diversion of petroleum products stored in his tank farm by the Nigerian National Petroleum Corporation (NNPC).
The court had on May 8, 2017 ordered the DSS to produce the businessman in court on May 13 to show cause why he should not be released, but it was forced to adjourned the case till May 18 to hear the substantive case because of another ordered remanding Ubah in custody, issued by another Judge in Abuja.
Joined in the suit are: Attorney-General of the Federation (AGF), The Chairman, Economic and Financial Crimes Commission (EFCC), Economic and Financial Crimes Commission (EFCC) Inspector-General of Police (IGP), Nigerian National Petroleum Corporation (NNPC), NNPC Retail Limited, and Asset Management Corporation of Nigeria (AMCON).
In his judgment on Thursday, Justice Idris held that Section 41 of the Constitution and Article 12 of the African Charter guarantees to every Nigerian the right to move freely.
The judge stressed that there would be dire consequences if the government continues to violate human rights.
“In place of widespread culture of impunity, there is need to build a culture of accountability and respect for the rule of law and the Constitution.
“Such culture must be built on the conviction on the part of the leadership of this country, including the judiciary, that democracy cannot be successful if respect for the constitution and human rights is shaky.
“Democracy cannot be successful if the government remains ambivalent about the rule of law and if governmental authorities and powerful individuals are perceived to be above the law.
“In a constitutional democracy as ours, no one, no institution, no agent or agency of government shall be above the law.
“The institutional and procedural bottlenecks to legal enforcement of human rights can create despair in large segments of the population about realising their rights.
“Individuals or groups may then seek alternative means of actualising their rights. Arms struggles and other extra-legal means of resistance often result from the absence of effective legal remedies.
“A democracy must have practical means of securing accountability for human rights violations. We must as a nation ensure that human rights are protected and enforced in real time.
“In the entire circumstances of this case, I hold that the applicants have established the case against the fourth and fifth being the DG of SSS and DSS for the violation of their rights as guaranteed under the constitution.
“Consequently, the following orders are hereby made: An order is hereby made directing the DG of SSS and the DSS to, within 48 hours of the judgment of the court in this action, initiate or institute a criminal action against the applicants herein before any court of competent jurisdiction if they have committed any crime against the state.
“An order is hereby made directing the DG of SSS and the DSS to release the first applicant from detention unconditionally if no criminal action is instituted against him within 48 hours of this judgment.
“The first respondent, being the Attorney-General of the Federation, shall ensure strict and due compliance with the judgment of this court. That is the judgment of the court,” Justice Idris held.
The court had earlier dismissed DSS’ and NNPC’s preliminary objections.
The judge had further held that the applicants had no cause of action against EFCC, the police, Inspector General of Police and AMCON.
