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…Abuja court gives DSS nod courts of coordinate jurisdiction, yesterday, gave contradictory rulings on Chief Executive Officer of Capital Oil and Gas Ltd, Chief Ifeanyi Ubah.
While a High Court of the Federal Capital Territory sitting at Jabi granted the Department of State Services, DSS, the nod to hold him for another 14 days, a Federal High Court sitting in Lagos ordered the DSS to release him within 48 hours.
Ifeanyi Ubah
Justice Yusuf Halilu extended the detention order following an ex-parte application the DSS filed through its lawyer, Mr. G.O.A. Agbadua.
The agency said it filed the application considering that an earlier order the court granted it on May 10, elapsed on Wednesday.
Meanwhile, Ubah’s lawyer, Mrs Ifeoma Esom, has filed a fresh application asking the court to compel the DSS to release her client on administrative bail.
It will be recalled that the security agency had in a counter-affidavit it filed before the court, alleged that Ubah committed economic sabotage punishable by death.
The DSS, while opposing an application that sought to vacate the remand order it secured against Ubah, stated in the counter-affidavit deposed by one of its operatives, Mr. Safwan Bello, that the PMS Ubah diverted was valued at N11 billion.
It averred that several efforts by the NNPC to recover the PMS it kept in Ubah’s tank farm failed as the applicant had converted it to his personal use.
However, Ubah’s lawyer, Esom, has accused the DSS of surreptitiously securing an order to detain her client.
Esom alleged that the agency suppressed material facts when on May 10, it persuaded the court to allow it to hold Ubah in its custody for 14 days.
Another court orders his release within 48 hours
However, a Federal High Court sitting in Lagos, in its ruling ordered the Director-General of DSS to release unconditionally, Dr Ubah, within 48 hours or charge him to court.
Trial judge, Justice Mohammed Idris, in a fundamental right suit by Ubah, held that his detention without charge violated his rights. Ubah had asked the court to order his release.
The court also noted that the DSS lied on oath in a bid to justify Ubah’s illegal detention, as he (Ubah) was arrested in Lagos and flown to Abuja, contrary to DSS averement that he (Ubah) was arrested in Abuja.
Acording to the court,“the deponent to the fourth and fifth respondents, therefore, clearly lied in the face of Exhibit SSS1. This is unfortunate. It is unfortunate because the deponent is counsel on record for the aforementioned respondents.
“Counsel should at all times be honest and truthful to the court and must always avoid uttering or engaging in falsehood. He is under a solemn duty not to seek to confuse the court.
“Counsel is under a duty to show great respect to the court by not lying. This is because deliberate falsehood towards the judge may not only earn such counsel professional censure but he may even be committed for contempt in facie curiae.
“Counsel is a under a duty to say the truth at all times and not be economical with the truth.”
The 100-page judgment by Justice Idris further held that Section 41 of the Constitution and Article 12 of the African Charter guarantee to every Nigerian the right to move freely, warning that there would be dire consequences if the government continues to violate human rights.
He said: “Consequently, the following orders are hereby made: An order is hereby made directing the DG of SSS and the DSS to, within 48 hours of the judgment of the court in this action, initiate or institute a criminal action against the applicants herein before any court of competent jurisdiction if they have committed any crime against the state.
“An order is hereby made directing the DG of SSS and the DSS to release the first applicant from detention unconditionally if no criminal action is instituted against him within 48 hours of this judgment.
“The first respondent, being the Attorney-General of the Federation, shall ensure strict and due compliance with the judgment of this court. That is the judgment of the court.”
Labour begs Osinbajo to wade in
Also, yesterday, the Lagos State Council of United Labour Congress of Nigeria, ULC, pleaded with the Federal Government, especially the Acting President, Prof. Yemi Osinbajo, to wade into the dispute betweenUbah and DSS, to save the jobs of over 2000 workers.
In a statement by its chairman and secretary, Tokunbo Korodo and John Odigie, respectively, ULC lamented that Ubah’s continued incarceration was undermining the job security of over 2,000 employees of the company, recalling that one of the promises of the government was job creation.
According to the statement, “the continued detention of the chief executive of Capital Oil and Gas Limited without having been found guilty of the purported offence by a competent court of law smacks of a vendetta, aimed at crippling the management of Capital Oil and Gas Limited and by extension, the security of the jobs of over 2000 workers in their employment.”
“Our findings reveal that this was not the first time the NNPC and the Capital Oil and Gas Ltd would do business of this magnitude together. If this is a case of a breach of contract, it should be treated as such with respect to law and due process, with regard to negotiating terms of settlement and saving the jobs of over 2000 workers including Tanker drivers and other auxiliary workers within the depot.
We are also mindful of the fact that the same company, over three years ago rescued the nation from perennial fuel scarcity when other independent marketers refused to import petroleum product or hoard same, due to issue with government over payment of subsidy on petroleum products. We are using this medium to appeal to federal Government to release the chairman of capital Oil and Gas Ltd Chief Ifeanyi Ubah to pave good grounds for negotiation with the management of Capital Oil Ltd with a view to resolving all disagreement and save the Jobs of workers and the business in this depot for the interest of Nigeria Oil sector and for Nigerians.”
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