A Federal High Court in Abuja on Friday condemned the continued detention of Kaduna-based Islamic cleric, Sheikh Sani Abdulkadir, by the Defence Intelligence Agency.
The court ordered the Federal Government to produce Abdulkadir in court on February 18, amid controversy over the legality of his detention.
Justice Peter Lifu issued the directive after the government failed to produce a court order authorising the cleric’s continued detention.
The cleric had filed a fundamental rights enforcement suit through his lawyers, Sunusi Musa, SAN, Abdul Aliyu, SAN, and Mohammed Sheriff, describing his arrest and detention as unlawful and a violation of his constitutional rights to personal liberty, dignity and fair hearing.
At the resumed proceedings on Thursday, counsel to the DIA, I.O Odom, informed the court that an order permitting the detention had been obtained under the Administration of Criminal Justice Act.
However, the lawyer could neither provide a copy of the said order nor disclose the court that allegedly granted it, the date it was issued, or any identifying details.
The development prompted questions from the bench, with Justice Lifu asking how the respondents could claim to be acting on a valid judicial order without placing it before the court.
Odom further stated that the relevant documents were in the custody of the chairman of a Special Investigation Panel, who was said to be out of the country.
The lawyer representing the Economic and Financial Crimes Commission, M.C. Odimbaiwe, aligned with his submission.
However, Justice Lifu, held that the liberty of a citizen could not be curtailed without strict compliance with due process, stressing that the respondents must justify the detention with credible documentary evidence.
Following arguments from counsel, the judge ordered the Federal Government and the security agencies involved to produce the cleric in court on February 18 to enable the court ascertain the circumstances of his detention.
The court also directed the respondents to show cause why the reliefs sought by the applicant should not be granted.
Abdulkadir, in his application, is seeking an order compelling the respondents to release him forthwith or produce him before the court.
He is also asking for a declaration that his arrest and continued detention are unconstitutional.
The respondents in the suit are the EFCC, the DIA, the Attorney-General of the Federation, and Jaiz Bank Plc.
In an earlier ex parte motion, the cleric’s counsel had urged the court to intervene urgently, arguing that his detention had exceeded the period permitted by law without proper judicial authorisation.
The cleric’s ordeal was reportedly linked to investigations surrounding an alleged N2m transfer into an account said to be associated with a religious organisation.
Family members had earlier raised concerns over his whereabouts, stating that he travelled to Abuja over issues relating to the freezing of his bank account but had not been seen since.
His wife, Hajiya Ramatu Khalifa Sani Abdulkadir, lamented that the family had been denied access to him and had not received clear information regarding the allegations against him.
According to the family, they were initially told he was being investigated over a financial transaction but were later informed that the matter had become a military case.
As of the time of filing this report, security agencies had yet to publicly disclose the specific allegations against the cleric or provide documentary proof of any court order backing his detention.
The matter was adjourned till February 18 for further proceedings.
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