A Federal High Court in Asaba, Delta State, on Thursday fined the Department of State Services the sum of N10m for illegally detaining a businessman, Anthony Okolie for 10 weeks.
Okolie was arrested and detained by the Secret police for a period of 10 weeks because he purchased and used an MTN SIM card previously used by Hanan, daughter of President Muhammadu Buhari.
Okolie after his release sued the DSS, MTN and Hanan, demanding a compensation of N500m for the violation of his human rights since he lawfully purchased the said sim card.
At the hearing of the suit earlier, Okolie’s lawyer, Tope Akinyode said, “The applicant was detained for a period of 10 weeks.
“I’ve read all the provisions of the constitution from the beginning to the end and I’ve never seen an allowance of such under the law.
“We ordinarily do not need to labour ourselves, it is a clear violation of the applicant’s human rights.”
E.E. Daubry, lawyer to the DSS, admitted that Okolie’s arrest and detention was instigated by the Presidency.
The DSS, in a 35-paragraph affidavit, signed by its official, S.M. Kayode, said it received an official letter of instruction from the presidency dated July 5, 2019, upon which it acted.
A top DSS officer, Herbert Ogboli, also confided in Okolie that Hanan Buhari was behind his ordeal.
Ogboli, who is also the Assistant Director, Operational Services of the DSS, further said the agency received instructions from Hanan to release Okolie later.
But, Hanan’s lawyer, M.E. Sheriff, in a counter affidavit argued that although the MTN sim card which caused the dispute was once used by her “but she did not order the SSS to arrest Mr Okolie.”
The matter was earlier scheduled for judgement before Justice Nnamdi Dimgba on March 3 but could not hold due to the coronavirus lockdown.
On Thursday when the matter came up, Justice Dimgba awarded the sum of N10 million against SSS for the abuse of Mr Okolie’s fundamental human rights.
He, however, said that there is no substantial evidence againt Hanan and MTN.
Speaking with newsmen after the matter, Mr Okolie through his lawyer, Mr Akinyode said: “As far as we are concerned, it is a good judgement for democracy. It is a symbolism of judgement for the masses. The monetary sum does not matter to us.
“We are not particular about the money, we are happy to establish that the SSS is a lawless security outfit.”
Speaking on exemption of punitive measures for Hanan and MTN, the lawyer said: “The judge said there are no substantial evidence to nail them and we will be challenging this. We have evidence and they were not challenged (this). The court should rely on it as truth because they are not controverted.”
