Consequently, the government sought an outright dismissal of the fundamental right enforcement proceeding that was initiated before the Abuja Division of the Federal High Court by Ogwuche.
Ogwuche had in the application he filed through his lawyer Mr. Ahmed Raji, SAN , urged the court to compel the Federal Government to pay him N100m as compensation for his continued detention in the custody of the Department of State Security, DSS, over his alleged complicity in the bombing incident.
He told the court that he has been in detention since July 15, 2014, when he was arrested in Khartoum, Sudan and extradited to Nigeria through the help of the Interpol, saying the government has neither arraigned nor filed a valid charge against him.
Ogwuche accused the Nigerian government of violating his fundamental human rights as enshrined in section 34, 35, 36, 41 and 43 of the 1999 Constitution, as amended, as well as Articles 2, 6, 7(1) of the African Charter on Human and Peoples Right (Ratification& Enforcement Act).
Aside asking for damages against the government, Ogwuche further urged the court to invoke it’s powers and order his release from detention pending whenever the government is ready to conduct his trial.
His application was further anchored on Order 2, Rule (1),(2),(3) of the Fundamental Enforcement Procedure Rule.
Meantime, the government yesterday described Ogwuche’s contention as arrant balderdash, saying he is under lawful custody following his role in the Nyanya mayhem.
DSS lawyer Mr Clifford Osagie also drew the attention of the court to the fact that Ogwuche has been allowed to have access to his lawyers, family members and adequate medical attention.
Osagie argued that the right to liberty accorded to the accused person under section 35(1) was not absolute, even as he adduced two exhibits (SS-2 and SS-3) to show why Ogwuche should not be allowed to regain his freedom yet.
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