COUNSEL TO SUSWAM THREATENS LEGAL ACTION OVER ILLEGAL DETENTION

Suswam's lawyer writes DSS, Buhari, AGF, NASS over illegal detention, threatens legal action (Concord)

J.B. Daudu & Co, legal advisers to a former governor of Benue state, Rt. Hon (Dr) Gabriel Torwua Suswam, have written a worded letter to the Director General of the Department of State Security, President Mohammadu Buhari, VP Yemi Osibajo, Senate President Bukola Saraki, House Of Representatives speaker Dogara, Attorney General of the Federation and some other eminent Nigerians in authority over the illegal detention of their client (Dr. Suswam).

Dr. Suswam has been illegally detained by the DSS since February 25, 2017 over allegation of illegal arms even when the said guns weren't found in his private residence but a public property (Dunes Property) in Abuja.

Mr. J.B Daudu SAN who signed the letter on behalf of the J.B. Daudu& Co Chambers in Abuja also threatened to seek for a legal redress if the Department continues to keep their client illegally.

According to the letter, Dr. Suswam whilst in the company of his family and friends received a call from the Directorate of the DSS, requesting him to honour an invitation for an interview with the agency's operatives, an invitation the former governor honourably honoured being a law-abiding citizen of the Federal Republic of Nigeria.

The letter a copy which was reliably obtained by Nigerian Concord via our sources at the DSS headquarters noted that it was painful that a revered organisation such as the DSS would engage in the truncation and devaluation of the rights of Nigerians.

It went ahead to say that the 1999 Constitution and all Penal legislation frown at the illegality and indeed unlawful detention of any person in Nigeria, without trial or due process.

"Globally, the image of Nigeria is being severely damaged by these needless acts of impunity and lawlessness. It is difficult to see how any serious fair-minded investor will be attracted to the shores of this country when the foremost law enforcement and security agencies are in the habit of locking up their eminent citizenry in opposition political party without trial, all in the name of war against corruption.

"In respect of our client, Rt. Hon. Dr. Suswam, the harm has already been done, whatever may be his offence, be it Treason, Murder, Corruption or any other trumped-up charge that may catch the fancy of the Honourable Attorney General of the Federation, it is his inalienable fundamental right to be charged to court at the most within 48 hours of his being arrested. It is now 35 days and counting that our client has been detained at your pleasure in total contravention of the law and his rights" the letter reads in parts.

The letter which was dated April 1, 2017 further reminded the DSS that the inability of the agency to either release or take Suswam to court is the clearest evidence that the Department has no case against him. "If you had, you would have since charged him to court. Even if you charge him to court today, it will amount to an exercise in futility as any evidence gathered in the course of the violation of human rights and other unspeakable illegalities are not admissible" it added.

Suswam's counsel however vowed that contemporaneous with the letter which has been sent and received by eminent Nigerians in authority, his Chambers would Deo Volente institute an action in the appropriate court for a declaration that the arrest and detention of the former governor on the 25th day of February, 2017 till date without trial or due process being followed violates his Fundamental Right to personal liberty guaranteed by Section 35(1) of the Constitution of the Federal Republic of Nigeria (1999) and Articles 5 and 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap 10, Laws of the Federation of Nigeria 1990 and Is therefore unconstitutional, unlawful, illegal, null and void.

The counsel also said that his Chambers would seek for a declaration that the continued detention of Dr. Suswam by the DSS since February 25 till date without trial or due process being followed violates his Fundamental Rights to Freedom of Movement as guaranteed in Section 41(1) of the 1999 Constitution (as amended) and Article 6 and 12 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap 10, Laws of the Federation of Nigeria 2004 and is therefore unconstitutional, Unlawful, illegal, null and void.

Daudu also said he would seek for a declaration that the continued detention of his client by the DSS since February 25 till date without charging him before a criminal court of competent jurisdiction for any offence violates his Fundamental Rights to personal liberty as guaranteed under Section 35(4) of the 1999 constitution (as amended) and Article 7(d) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9, Laws of the Federation 2004 and is therefore unconstitutional, unlawful, illegal, null and void.

The letter also threatens to seek a declaration that the arrest and detention of Dr. Suswam on February 25, 2017 till date violates his Fundamental Right to Dignity of Human Person guaranteed by Section 34(1) of the constitution of the Federal Republic of Nigeria (1999) and Article 5 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act cap 10, Laws of the Federation of Nigeria 1990 and is therefore unconstitutional, unlawful, illegal, null and void.

It also stated that the Chambers would seek for a Court Order directing the DSS to release Dr. Suswam forthwith or produce him forthwith to this Honourable Court for purposes of his being release.

Daudu pressed further in the letter to also seek for an Order Of Injunction restraining the DSS and its agents from administering any form of torture, or inhuman or degrading treatment on Dr. Suswam, and if proven to have been administered, to nullify any statements, documents or other materials that may have been extracted or obtained from him (Suswam) Under such unwholesome  prohibited circumstances. 

Suswam's counsel further added in the letter that his Chambers would also seek for an Order compelling the DSS to forthwith release his client unconditionally from unlawful detention pending (if any) the commencement and final determination of a trial for any offence or offences with which the agency of the Federal Republic of Nigeria may charge or wish to charge him.

Lastly, the Chambers threatened to seek for an Order directing the DSS to render a Public Apology to Dr. Suswam in 7 (Seven) National Dailies of very wide circulation for his illegal arrest and detention since the 25th of February, 2017 till date without charging him for any offence before any competent Court of law.

Failure to do this, Daudu threatened to obtain Aggravated Damages in the sum of N10,000,000,000.00 (Ten Billion Naira Only) for unlawful arrest and detention of his clients without trial.

Source... Nigerian Concord.