Thursday 28 November 2013

Court permits SSS to keep Boko Haram suspect in custody

Abuja – An FCT High Court, sitting in Wuse Zone 2 on
Thursday permitted the State Security Service (SSS) to keep
in custody an alleged Boko Haram suspect, Mohammed
Yunus, pending conclusion of investigation.

Justice Valentine Ashi gave the SSS permission after the SSS
counsel, Mr Ahmed Musa, showed the court an order granted
the SSS by a Federal High Court (FHC) in Abuja on Nov. 25,
allowing it to keep him in custody for 45 days.

"I have listened to the submissions of both counsels. I have
taken it into consideration.

"The main function of bail is to allow the accused prepare for
his trial, bail is also a tool designed for the proper
management of the constitution, denial of it is also an abuse
of due process but I cannot overrule the order of FHC.

"It is not within my power to make any pronouncements on
that order, only the Supreme Court can rule on that, I consider
it as inappropriate and therefore I refrain,'' Ashi said.

Ashi, however, granted the suspect's counsel, Mr Hassan
Liman's prayer for medical attention for his client and for his
family to have access to him.

The judge ordered both the counsel to work out modalities for
their prayers and to agree on when they will come back to
court.

He said that hearing notices would be issued after the two
counsels agree on the adjourned date.

Earlier, Counsel to the applicant, Liman had prayed the court
to grant his client bail citing sections 35 and 36 of the 1999
Constitution to back his application.

Liman also tendered a nine paragraph application to back up
his prayer, adding that continually detaining of the applicant
"is an abuse of human right''.

He therefore prayed the court to grant his client bail in liberal
terms.

Counsel to the respondent (SSS), Musa, objected and prayed
the court to refuse the bail application, saying that if granted
bail, the suspect might jeopardise investigation.

He also told the court that there was a Federal High Court
order which empowered the SSS to detain the applicant for 45
days in order for the SSS to carry out their investigation.

According to Musa, granting the applicant bail will
contravene the provision of Section 27(1) of the Terrorism
Amendment Act of the 2013 and prayed the court to deny him
bail.

Via: (NAN)

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