Federal High Court orders DSS to pay driver N5m for unlawful detention

A Federal High Court in Abuja has levied a fine of N5 million against the Department of State Services for the unlawful arrest and detention of Sanusi Shuaib, a commercial driver based in Abuja.

Furthermore, the court has ordered the immediate release of Shuaib, who has been in custody since March 2023. Shuaib, represented by his lawyer Bala Dakum, petitioned the court against his prolonged detention without trial following his arrest.

Dakum argued that upon his client's arrest, the DSS accused him of possessing firearms for alleged terrorist activities and has since held him without due process.

Seeking his client's release, Dakum also requested N50 million in compensation for the unjust detention.

In her ruling on Thursday, Justice Mobolaji Olajuwon asserted that the DSS blatantly disregarded Section 35 of the nation's constitution, which prohibits the detention of any Nigerian beyond 48 hours without a court order.

Olajuwon highlighted that on March 29, 2023, the DSS obtained a court order from the Federal High Court allowing them to detain Shuaib for a maximum of 20 days for investigation and possible prosecution.

However, the DSS neither sought an extension of this period nor filed charges against him within the stipulated timeframe.

the 20 days

The judge deemed any detention beyond the 20-day period as illegal and unconstitutional, noting that Shuaib's fundamental right to freedom of movement was violated.

Contrary to the DSS's claim of a six-month detention approval, Justice Olajuwon clarified that the court had only granted a 20-day detention period.

She also dismissed the DSS's assertion of Shuaib being transferred to a military detention facility in Niger State for trial on terrorism charges, citing lack of evidence.

Additionally, the judge refuted the DSS's claim of approval from the Attorney General of the Federation for the driver's trial, citing the AGF's recommendation for further investigation, which was not acted upon.

Consequently, Justice Olajuwon nullified Shuaib's detention and ordered his immediate release from DSS custody.