Lagos FHC orders Ubah’s release, Abuja court extends his detention

The Federal High Court in Lagos on Thursday ordered the Department of State Services to file a criminal charge against the Managing Director of Capital Oil and Gas Limited, Ifeanyi Ubah, or release him unconditionally within 48 hours if it had no case against him.
Justice Mohammed Idris, who gave the order, declared that it was unlawful for the DSS to have kept Ubah in its custody since May 5 without charging him to court.
But also on Thursday, Justice Yusuf Halilu of the Federal Capital Territory in Jabi, Abuja granted an ex parte application by the DSS to keep Ubah in its custody for another 14 days after the first detention order made by the judge expired on
The judge said the DSS should keep the businessman in its custody for 14 more days to enable it to conclude its investigations of Ubah for alleged economic sabotage.
The DSS had arrested and detained Ubah on the complaint of the Nigerian National Petroleum Corporation that Ubah and his company allegedly diverted 84,891,730 litres of Premium Motor Spirit valued at N11,144,586,314.40 kept in their tank farm by the NNPC.
 But Ubah, through his lawyer, Mr. Ajibola Oluyede, had approach Justice Idris seeking a declaration that his endless detention without being charged to court was a violation of his fundamental rights.
In a ruling on May 9, Justice Idris had ordered the DSS to produce Ubah before him on May 12 to show cause why the businessman should not be unconditionally released.
But rather than take Ubah before the judge, the DSS, through its lawyer, Mr. Peter Oluremodu, filed a preliminary objection, stating that it was holding Ubah for alleged economic sabotage on the order of Justice Y. Haliru of the High Court of the Federal Capital Territory, Abuja.
The NNPC also filed a preliminary objection urging Justice Idris to dismiss       Ubah's case.
But in a ruling on Thursday, Justice Idris dismissed the preliminary objections by both the DSS and the NNPC for lacking in merit.
 The judge warned the government against continuous violation of human rights.
 The judge said, "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. "
Meanwhile, in Abuja, the DSS, through its lawyer, G. Agbadua, sought the renewal of Justice Halilu's order to detain Ubah pending conclusion of investigation.
Agbadua said in the course of investigation, the DSS discovered that the case required greater attention and the assistance of experts, a development, which he said, informed the application for extension of the period for remand.
Before the ruling extending the detention period was delivered on Thursday, Justice Halilu had dismissed an application by Ubah asking the court to set aside the first remand order made on May 10, 2017 and which expired on Wednesday.
 In dismissing Ubah's application, Justice Halilu ruled that there was no proof, as claimed by the applicant.
He said Ubah did not produce any evidence in court to show that he needed medical treatment to warrant the order for either his movement to a medical facility or where he could be better cared for.
Reacting to the development, the Governor of Ekiti State, Mr. Ayodele Fayose, in a statement issued by him on Thursday said Ubah's detention by the DSS was a political witch-hunt, saying there was no basis to continue with the "recklessness."
Fayose said, "The DSS should stop molesting perceived opposition of the government because opposition is an integral part of democracy and people must be allowed to be free in their own country."