Posted by By Abimbola Akosile, This Day Online on
Detained militia leader, Mujahadeen Asari Dokubo, yesterday dragged the Federal Government, the Inspector-General of Police, and Attorney-General of the Federation, before an Abuja Federal High Court, over his continued detention since Monday, September 19 at a private house in Abuja and prayed the court to grant a mandatory order compelling the above respondents to immediately release him.
* May be arraigned on friday, Sept 30
Detained militia leader, Mujahadeen Asari Dokubo, yesterday dragged the Federal Government, the Inspector-General of Police, and Attorney-General of the Federation, before an Abuja Federal High Court, over his continued detention since Monday, September 19 at a private house in Abuja and prayed the court to grant a mandatory order compelling the above respondents to immediately release him.
However, the applicant may be arraigned in court on Friday, September 30, on charges of treason.
Dokubo, leader of Niger-Delta Peoples Volunteer Force (NDPVLF), a Port-Harcourt, Rivers State-based militia organisation, in a motion ex-parte brought under Section 46 of 1999 Constitution and filed on his behalf by Lagos lawyer, Mr. Festus Keyamo, sought 3 orders containing six reliefs of court for the enforcement of his fundamental rights.
Keyamo sought court order for leave to apply for a declaration that Dokubo's arrest on Monday, September 19 at Police Headquarters in Port Harcourt, Rivers State, is unconstitutional, illegal, null and void as it violates the applicant's constitutional right guaranteed by Sections 34, 35, 36, & 41 of 1999 Constitution. He also sought another declaration that the detention and continued detention of the applicant without taking him before a court of law with a formal charge is illegal, null and void.
Seeking a court declaration that the constant raid of his house and office, both in Rivers State, and his farm at Agba-ami in Degama Local Government Area of same State (and alleged seizure of properties therefrom) was also unconstitutional, illegal, null and void, Dokubo prayed court for above-mentioned mandatory order for his release, or alternatively another mandatory order compelling the respondents to charge him to a competent court of law within 24 hours of making the order or release him unconditionally.
The counsel also sought an order of perpetual injunction restraining the respondents from further arresting or detaining the applicant or raiding his house, office or farm, especially on the same facts leading to the above application; and an interim order of court granting bail to the applicant on liberal terms and conditions to be determined by the court pending hearing and determination of the motion on notice.
Alternatively, Keyamo sought another interim order compelling the respondents and their agents to be producing Dokubo in court during the hearing of the suit; and an order consolidating the hearing of the motion on notice with suit No. CR/143/05 already pending before the court.
Basing the reliefs in the application on eight grounds, Keyamo, who ascertained that applicant is a free-born of the Ijaw nation and the leader of NDPVF, claimed that Dokubo received a call on said date (September 19) from Commissioner of Police, Rivers State, to report at Police Headquarters in the State. That on getting there he was asked whether he knew anything about the threat to blow up oil installations over the arrest of embattled Bayelsa State Governor, Deprieye Alamieyeseigha, which he answered in the negative.
That he was then told that his attention was needed in Abuja after which he was whisked away through the back gate of the Command without the knowledge of his associates who accompanied him to the Police Command; and that since he arrived in Abuja on September 19, he has been detained by the Police in a private residence on the authority of the Federal Government without a formal charge, while the same government has allegedly carried out raids on his private home and office in Port Harcourt and farm without a search warrant.