The Federal High Court in Lagos yesterday ordered the immediate release of a naval officer, Captain Dada Labinjo, who was allegedly detained by the Nigerian Navy since September 13 without trial.
Justice Chuka Obiozor ruled on his fundamental rights enforcement application.
The judge held that it was illegal to keep the applicant in detention for so long without charging him to court.
He held that the Navy breached Labinjo’s fundamental human rights, as enshrined in the 1999 Constitution.
Justice Obiozor ordered the respondents to release Labinjo’s seized mobile phone to him.
According to the judge, the Navy could not sufficiently justify Labinjo’s prolonged incarceration, contrary to the 1999 Constitution and the Armed Forces Act.
The judge said the naval officer should be released from custody or arraigned before a competent court of law, “if there is reasonable suspicion that he committed any criminal offence”.
Read Also: Court hears Saraki’s fundamental rights suit against EFCC, others June 24
He deplored what he called the “growing culture of official impunity in the country” in which the authorities wantonly violate rights.
The judge said he was “compelled to call on the Attorney-General of the Federation (AGF) and Minister of Justice” to sanction the naval personnel responsible for the violation detainees’ fundamental rights.
To the judge, such officers should be tried under the Criminal Code Act and the Anti-Torture Act.
Captain Labinjo had filed an enforcement of fundamental rights application, praying the court to order his release.
The Economic and Financial Crimes Commission (EFCC), last Thursday, arraigned Labinjo’s wife, Bola, also a naval officer (aka Lt.-Commander Ibe Lambert), before Justice Obiozor for allegedly dealing in petroleum products without licence.
She was arraigned along with Jonathan Abaka, Charles Ikemefuna Agaba, Benjamin Gagechi, Hamza Yakubu and a vessel, MT Adeline Jumbo, on two counts of conspiracy and dealing in petroleum products without licence.
EFCC said they conspired to deal in Automobile Gas Oil (AGO) off the coast of Gabon on August 13, last year, without lawful authority and appropriate licence to deal in the products.
They were arrested by the Navy and handed over to the EFCC, with the Navy saying Captain Labinjo was still under investigation.
According to the prosecution, the defendants allegedly committed the offence between August and October, last year, within Nigerian maritime domain and the Gulf of Guinea.
They pleaded not guilty and were granted bail.
Leave a Reply