FROM MIJINYAWA BABA-UTHMAN MINNA
Justice Aminu Garba of the Minna Federal High Court Monday adjourned ruling in the case of Enforcement of the fundamental right of one Mohammed Ahmadu of Nikagbe Community of Chanchaga Local government in Niger State.
Mohammed Ahmadu was alleged to have used the proceeds from his terrorism and kidnapping to build his house located in Nikagbe which was demolished some times in 2022.
The defendant and six others were picked by security agencies and since then his whereabouts was not known which informed his wife Hajiya Innawuro Mohammed Ahmadu to approach the court through her counsel Barrister Mohammed Tsado Mohammed to seek redress.
In a suit Number FHC/MN/ CR01/2022 filed at the Minna Federal High Court division, Barrister Mohammed Tsado Mohammed prayed the court for the enforcement of the right of the defendant and release him or charge him to court for Prosecution.
Joined in the suit include the Inspector General of Police, the Director General of the Department of State Service (DSS) and Niger state Government and the state Ministry for Local Government and chieftaincy Affairs
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The defense counsel said they were in court to seek the court intervention to enforce the infringement of the right of the defendant for the security forces to release him forthwith.
" Since his arrest, and demolition of his building in 2022 his whereabouts are not known. The police claimed that he is not in their custody while the DSS are also saying he is not in their custody.
" We are in court to seek for the enforcement of his fundamental right as enshrined in chapter four of the 1999 Constitution as amended. To also ask the state government to pay for demolition of his building in Nikagbe" Barrister Mohammed Tsado declared.
In a swift response by the counsel for the state government, the former Attorney General and Commissioner for Justice in Niger State Barrister Nasara Dan Mallam stated that the state nothing to do with the arrest of the defendant as claimed by the Counsel.
He said the defendant was arrested based on the information made available to the security operatives on his suspicious activities in the community.
Nasara Dan Mallam who was represented at the court by chief state Counsel in the Ministry of Justice Aliyu Mohammed Kutigi explained that the state was joined in the suit by the defense counsel " and the state has nob business in the arrest and the detention of the defendant.
" We in the state has nothing to do with his arrest and we cannot be party to his arrest" he said.
While adjourning the case Justice Aminu Garba pleaded with the both counsels for his inability to deliver ruling on the the matter and adjourned to 17th January 2024.
