Freedom has come for nine Boko
Haram suspects, namely Abimel Ibrahim, Isah Kano, Yambali Umaru, Danga
Wilfred, Jimmy Oba, Ilita Mark, Sadebo Ali Amatig, Michael Manu and
Yakubu Douglas.
An Abuja High Court presided by Justice Peter
Affen which ruled that they had been detained illegally has ordered that
they should be released from detention and should not be re-arrested or
detained.
The Federal Government was also ordered to pay them N10m damages as compensation for detaining them illegally.
Ruling
on their case in a judgment delivered on February 5,Justice Affen
found merit in an application for an order of the enforcement of
fundamental rights of the nine suspects.
And declaring that the
detention and torture of the applicants in Abuja since May 2012, 2013
by agents of the Federal Government without arraigning them in court was
unlawful, unconstitutional and a violation of their fundamental right
to dignity of human person and personal liberty.
Justice Affen
said the act of detention and torture in the instance case violates
sections 34 & 35 of the constitution of the FRN 1999 as amended as
well as articles 5 & 6 of the African Charter on Human and Peoples'
Rights.
According to the judge, "The respondents shall forthwith
release the applicants from detention and they shall not be rearrested
or detained on the same facts disclosed in the present application save
and except upon the orders of a superior court of record.
" He
added: "The respondents shall pay to the applicants the sum of
N10million as compensation for the gross violation of the applicants'
fundamental right to personal liberty as enshrined and guaranteed under
section 35(1) of the 1999 constitution.
I assess the costs of this application at N50,000.
00 in favour of the applicants and against the respondents.
" Through their counsel, Mr.
Wuyep,
the nine suspects had asked the court to declare that their arrest,
detention and torture by the agents of the Federal Government without
trial and without an order of court first sought and obtained was
unlawful, unconstitutional and a gross violation of their rights.
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