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Abiri’s Detention: Court Awards N10m Against DSS
The Abuja Division of the Federal High Court has described the two years detention of journalist, Jones Abiri as outright conviction, and ordered the Federal Government to pay N10million in damages to Abiri.
Abiri was arrested in August, 2016, and detained for two years till his lawyers, led by human rights activist, Femi Falana filed a fundamental suit against the Federal Government.
Following outcry by various human rights agencies and the media, Abiri was arraigned on militancy at a Magistrate Court in Abuja.
Speaking at a judgement on Abiri’s fundamental rights suit at the Abuja Division of the Federal High Court, yesterday¡ the judge, Justice Nnamdi Dimgba said the Federal Government had no right to detain Abiri after taking his statement in 2016.
“Having taken his statement, the applicant should have been arraigned,” Dimgba ruled.
The judge said the Federal Government’s submission that Abiri was detained in the interest of national security was baseless.
According to the judge, the Federal Government should have filed suit against the defendant and asked the court to refuse him bail, so that the court will use its discretion in determining whether Abiri should be granted bail or not.
The court, therefore, declared Abiri’s detention illegal and an abuse of his fundamental rights.
The judge ruled that the DSS acted outside the provision of the law regarding the Terrorism Prevention Act.
Abiri had gone to court seeking a compensation of N200million from the Nigerian government for his prolonged detention without trial.
The publisher of a Yenagoa-based weekly paper, Weekly Source was arrested by operatives of the DSS in July, 2016, and detained till July, 2018, without trial.
He was later arraigned following wide condemnation of his prolonged incarceration, and was subsequently granted bail.
In the application, Abiri asked the court to compel the DSS to pay him for the flagrant abuse of his rights and torture experienced during his detention by the operatives.
According to the application, Abiri’s lawyers, led by Femi Falana, submitted that the prolonged detention without trial violates their client’s right to personal liberty, dignity of person, freedom of association and fair hearing among others.
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