The Plaintiff contends that he was arrested, has been detained without charge in
an undisclosed place.
The Defendant contends that the reason behind the continued detention of the
Applicant
is based
on different allegation of offences
relating to National
Security of the Defendant and that considering the Applicants antecedents, and
top security reports indicting him, he stands a security risk to over millions of
Nigerians if released on the Streets of Nigeria.
On the other hand, DW1 testified to the contrary during his oral testimony where
he acknowledged that the Applicant has been in their custody since November
2015 till date for the following reasons:
1. For his own interest and personal protection;
. There is intelligence indicating that the Applicant can get out of the Country
thereby evading justice.
Furthermore,
in the initial statement
of defense
particularly para 3.07, the
Defendants argued that S.1 of the State Security (Detention of Persons) Act Cap
414 empowers the
Federal Government to detain persons for acts prejudicial to State security for a
period not exceeding six months at a time and to provide for a review of such
detention.
Section | (1) of the State Security (Detention of Persons) Act, Cap 414 provides:
“Tf the Chief of General Staff is satisfied that any person is or recently has been concerned
in acts prejudicial to State Security or has contributed to the economic adversity of the
Nation, or in the preparation or installation of such acts and that by reason thereof it is
necessary to exercise control over him, he may by order in writing direct that person be
detained in a Civil Prison or Police Station or such other place specified by him, and it
shall be the duty of the person or persons in charge of such place or places, if an order is
made in respect of any person is delivered to him, to keep that person im custody until
that order is revoked.”
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