The co-owner of Abuja-based Amigo Supermarket, Mustapha Fawaz, and three other Lebanese suspects, Abdallah Tahini, Talal Rouda and Khosai Nouridine, arrested over the armoury and an alleged Hezbollah terror cell uncovered in Bompai, Kano, have filed a suit before the Federal High Court in Abuja.
They are asking the court for N50 billion as compensation from the State Security Service (SSS), the Director General of SSS, Mr Ekpeyong Ita, and the Attorney General of the Federation and Minister of Justice, Mr Mohammed Adoke (SAN), “for their unlawful arrest and detention without trial.”
They are also asking the court to stop the respondents from extraditing them except by a procedure permitted by law.
In the application for the enforcement of their fundamental rights, the applicants asked the court to declare their arrest and continued detention without trial by the SSS on various dates as “illegal, unlawful, unconstitutional, null, void and of no effect whatsoever”.
They prayed the court for an order directing their release and an order of perpetual injunction restraining the respondents—whether by themselves, agents, servants, officers, and or proxies or whomsoever, howsoever—from arresting or detaining or continuing to detain them except by a procedure permitted by law.
The motion was brought pursuant to Sections 35 and 36 of the 1999 Constitution, Articles 6 and 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap. A9, Laws of the Federation, 2004; and Order II Rules 1, 2 and 3 of the Fundamental Rights (Enforcement Procedure) Rules 2009.
A few days after the arrest of the suspects in Kano, the SSS sealed Amigo Supermarket and Wonderland Amusement Park, both in Abuja.
But the applicants have asked the court to declare that the action “was arbitrary and a wanton violation of the right of Fawaz to own property and participate in the minor sector of the economy as guaranteed respectively by Sections 44 and 16(1) of the 1999 Constitution and African Charter on Human and Peoples’ rights”.
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