Federal High Court, Abuja, has granted bail to 12 detained aides of Yoruba nation leader, Sunday Igboho after 34 days in the detention facility of Department of State Services (DSS).
The detainees were admitted to bail by Justice Obiora Egwuatu in a ruling delivered on their bail applications, filed and argued on their behalf by lawyer Pelumi Olajengbesi.
He gave the order after a recess that lasted for over two hours, following the submissions of the counsels on both sides.
DSS lawyer, I. Awo, told the court that he was not opposing the bail of eight of the applicants.
However, he vehemently opposed the bail of the other four applicants on the ground that the DSS’ investigation has revealed their high complicity in the offence of arms stockpiling.
The DSS lawyer argued that the four aides should not be granted bail in the interest of justice and national security.
He also stated that their investigation was currently ongoing and has not been concluded.
Awo submitted that once investigation is concluded, the DSS will not hesitate to charge them to court.
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“The fear of the respondent is that if granted bail, they will not make themselves available for further investigation and possible prosecution,” Awo argued.
The lawyer to Igboho aides, Olajengbesi, prayed the court to discountenance the argument of the DSS as it was unknown to Nigerian law.
Olajengbesi stated that the Igboho aides have been detained by the DSS for 34 days and are yet to be charged to court for any offence.
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He argued that their continued detention violated the provisions of the constitution and was an infringement on their fundamental human right.
Olajengbesi also argued that the DSS does not need 34 days to investigate a person that they claimed was found with firearms.
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Relying on the case of Bola Kale V. The State, he argued that the position of the law is that investigation cannot be indefinite.
On his part, the judge rejected the fears and apprehension expressed by DSS lawyer, Mr Idowu Awo, that some of the detainees will flee the country as their leader, Sunday Igboho, has done if granted bail.
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Justice Egwuatu said the detainees are entitled to bail by the provisions of Nigerian law having been held in custody beyond the period stipulated by law.
The judge said that the law even frowned at a situation where citizens’ liberty is curtailed under unlawful circumstances.
The suspects were granted bail on various conditions and will remain in the DSS detention until their bail conditions are perfected.
