In a circumstance some angry Nigerians have described as unfortunate lack of synergy between the judiciary and executive in tackling elements who are hiding under human rights cause to cause destabilization of the country and collapse its constitutionally installed government, a Federal High Court in Abuja, on Monday, reportedly ordered the State Security Services (SSS) to release five persons arrested at a Church while adorning T-shirts with ‘BuhariMustGo’ inscriptions.
On Monday, Ben Manasseh, Anene Udoka, Henry Nwodo, Samuel Larry and Samuel Gabriel, who the SSS was asked to set free, were on July 4 arrested during a Sunday service at the Dunamis International Gospel Centre Headquarters in Lugbe, Abuja.
Justice Anwuli Chikere on Monday, while ruling on an ex parte application, issued an injunction that the SSS immediately release the detainees before the next adjourned date of August 2.
In the fundamental rights enforcement suit filed on their behalf by their lawyer, Tope Temokun Esq., they are seeking an order of court against the DGSS, President Muhammadu Buhari, the church’s pastor-in-charge, Pastor Paul Enenche, and Attorney General of the Federation for alleged unlawful arrest and detention.
The detainees, associates of convener of #RevolutionNow, Omoyele Sowore, are further demanding the sum of N10 million each, in damages, for the violation of their fundamental rights.
According to the lawyer, his clients’ rights are guaranteed under sections 35, 38, 39, and 42 of 1999 Constitution (as amended) and under Articles 1, 2, 6, 8 and 9 of the African Charter on Human and People’s Rights Ratification and Enforcement.
Those who are complaining are citing position of law as laid bare by legal icons including the former Chairman of defunct Special Presidential Investigation Panel, Mr. Okoi Obono-Obla, who are believed to have opened the eyes of citizens to the fact that when international law comes in conflict with Nigerian law, the national law takes precedence while the foreign one comes inferior. Obono-Obla particularly said international law, which the human rights lawyers and activists in Nigeria are citing to justify the crisis they are reportedly causing against constituted authorities in the country, is mere international politics and warned citizens to desist from hiding under it as it provides them with no help.
This development was coming on the heels of the order for the release of Nigerians arrested while hiding under religion to stage a ‘BuhariMustGo’ protest in support of the likes of Omoyele Soyore, Sunday Adeyemo a.k.a. Sunday Igboho and Nnamdi Kanu, leader of a particularly constitutionally declared terrorist organisation, the Indigenous People of Biafra (IPOB), who collective aim is to cause destabilization and break up of Nigeria. Agitation for secession has been proved to be unknown to the law of Nigeria as it is merely a portion of international treaty yet to be domesticated in Nigeria which thus makes it illegal for any such agitator.
Experts in law have insisted that since the Constitution of the Federal Republic of Nigeria does not recognise dissolution and dissolubility of Nigeria, any act or effort for secession is considered a constitutional breach and that perpetrators must face the consequences.
A source, however, told The DEFENDER that releasing of the suspects does not mean the end of their case as the court still have an adjourned date to consider their matter.
