Ladipo Sanusi/
Justice Mohammed Idris of the Federal High Court, in Lagos, has explained why he could not set the Chairman of Capital Oil and Gas, Dr Patrick Ifeanyi Ubah, free from Directorate of State Security (DSS) detention.
Justice Idris said that although his court had on May 9, 2017, ordered the DSS to produce the applicant, the DSS also obtained an order from a FCT High Court, remanding Ubah.
He described the situation the Court found itself as sad and unfortunate.
The judge said: “On May 9, 2017, upon the hearing of the applicant’s Ex-parte application, the Court directed the fourth and fifth applicants to produce the applicant in court today.
“From the record of the Court, it shows that the ruling was served on the respondents on May 10, 2015, by 10am. It also shows that the respondents on the same May 10, 2017, obtained an order remanding that applicant, from my learned brother Halilu J of FCT High Court.
“It’s clear that there is a direct conflict between order of this court and of my learned brother Halilu J of FCT High Court.
“Courts of the same jurisdiction have been cautioned on a matter like this. I will in the circumstance of this case Act with great caution. I will not make any order that will have effect or neutralize the effect of order made by High Court of FCT.
“In the line of order made on May 10, 2017, I will not make an order to produce the applicant since parties in the case have been served and matter adjourned till May 18, 2017, I shall adjourn till May 18, 2017, when all applications and Notice of Preliminary Objection shall be heard.
At the hearing of the case today, Ubah’s lawyer, Prince Ajibola Oluyede, had urged the Court to order immediate release of his client, due to flagrant disobedience to the order made on May 8.
Oluyede said that instead of the DSS to produce his client as ordered by the Court, the respondents served them with Notice of Preliminary Objection.
He also informed the Court that the respondents went to a Federal Capital Territory (FCT) High Court, and obtained a remand order of his client, despite a Lagos Federal High Court order that he should be produced in court.
Oluyede added that in disobeying the court order, the DSS and its Director-General acted in subversion of the authority and dignity of the Court, by utilizing what he termed as ‘abuse of court and power’.
Oluyede further told the Court that when Ubah was first arrested on March 19, 2017, and released after three weeks, he was forced to discontinue the fundamental rights application which he earlier filed against the respondents. He said after the discontinuation, he was invited and arrested again.
Ubah’s lawyer stated that during his client’s second arrest, he was forced to sign documents that he owed Nigerian National Petroleum Corporation (NNPC), and to pledge with his assets for the debt, “whereas, he was being owed by NNPC a total sum of N14, 039, 125, 125”.
He submitted that the DSS and its Director-General have not shown cause in compliance with court order why he should not be released.
He urged the court to order DSS to release Ubah immediately.
In his response, the lawyer representing DSS and its Director-General, Mr. Peter Okerinmade, urged the Court to discountenance the submissions made by Ubah’s legal team.
He told the Court that his agency has filed an application before the Court, challenging its jurisdiction to entertain Ubah’s application.
He stated that the applicant was arrested in Abuja on May 6, 2017, not in Lagos as claimed by his lawyer. He also told the court that the agency secured a remand order of the applicant on May 10, 2017, sequel to a Motion Ex-parte for his remand filed before an Abuja Federal High Court.
He pleaded that the Court should discountenance the submission made by Ubah’s lawyer, and that he should hear the agency’s notice of preliminary objection challenging court’s Jurisdiction.
Ubah, and his oil firm, Capital Oil and Gas, had instituted a fundamental right suit against the DSS and the Director-General, seeking his unconditional release from their custody.
Joined in the suit are: the Attorney-General of the Federation (AGF), The Chairman, Economic and Financial Crimes Commission (EFCC), the EFCC, the Inspector-General of Police (IGP), the Nigerian National Petroleum Corporation (NNPC), NNPC Retail Limited, and Asset Management Corporation of Nigeria (AMCON).
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