A man, Ambrose Nwaogwugwu, who was arrested by the Department of State Services following posts shared on his Facebook page on Governor Hope Uzodinma of Imo State, has sued the security agency and demanded a N50m compensation.
Nwaogwugwu in a suit filed at the Federal High Court, Owerri Division, by his team of lawyers led by Chief Mike Ahamba (SAN), is also seeking among other prayers a declaration that his continued detention from May 28, 2020 till date is unlawful, wrongful, unconstitutional and a flagrant breach of his fundamental rights as guaranteed by the constitution of Nigeria.
The suit further asked the DSS to tender a published apology to Nwaogwugwu in any national daily and payment of the sum of N50m as punitive and compensatory damages for the unlawful infringement and breach of his fundamental rights.
Kelechi Ahamba, who is one of his lawyers, told SaharaReporters that the charge filed by the office of the Director of Public Prosecutions on behalf of the DSS at the Magistrate Court, Owerri, on June 5, 2020 and the purported arraignment of Nwaogwugwu, was a nullity as there was no valid charge before the court.
Ahamba stated that the DSS brought six count charges bothering on offence under the Terrorism Prevention ACT, 2011 at the Magistrate Court, Owerri, even when they knew that Section 32 of the same law makes all matters charged under the Terrorism Prevention Act, 2011 to be charged only at the Federal High Court.
He maintained that till date the DSS had not filed any valid charge bothering on terrorism against Nwaogwugwu at the Federal High Court, which is the court clothed with the jurisdiction if they were serious to maintain such charge against him.
The lawyer explained that in the eyes of the law, the DSS had not filed any charge against Nwaogwugwu and the purported arraignment on the 5th June, 2020 was a nullity and the DSS will continue to be liable for the continued detention of his client until the agency releases him unconditionally.
The suit is slated to be heard on Monday, June 15, 2020 at the Federal High Court, Owerri.
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