A consultant to Act Technologies Limited, one of the firms engaged by
the Independent National Electoral Commission to supply the Card
Reader Machines, Muhammad Musa, has sued the Department of State
Services.
Musa, in his fundamental rights enforcement suit which he filed before
the Federal High Court in Abuja, alleged that he was illegally
detained by the DSS since March 24, 2015.
According to an affidavit filed in support of his suit, Musa is being
held in DSS detention alongside the Chief Executive Officer of the
consultant to Act Technologies Limited, one of the suppliers of the
machines to INEC.
Musa wants the court to award N100m damages against the security
organisation for illegally detaining him.
He also wants the court to order his release and declare his arrest,
detention and continued intimidation by the respondent (the DSS) in
relation to the card reader issue as illegal, unconstitutional and a
violation of his fundamental rights.
The suit, FHC/ABJ/CS/292, was filed on his behalf on March 27 by his
lawyer, Mahmud Magaji (SAN).
The plaintiff was said to have on March 24 received a phone call from
the Director General of the DSS inviting him to the organisation's
headquarters in Abuja and had since been held in detention upon
honouring the invitation.
He was said to have since 1pm on March 24 been held without any charge.
Wife of the applicant, Mrs. Sa'adatu Musa, deposed to a supporting
affidavit because he was still being held in the DSS detention.
The wife said the respondent's officials had refused her access to her
husband since he honoured the DSS boss' invitation.
Musa, who is praying the court to award N100m as general and exemplary
damages against the DSS for its unlawful acts, also seeks an order of
perpetual injunction restraining the respondent and its agents from
engaging in further harassing, intimidating, arresting and detaining
him in relation to the card reader used by INEC.
He hinged his prayers on three grounds, one of which was that SSS
agents' unlawful interference with his liberty in connection with the
procurement of the card readers constituted an infringement of his
fundamental rights guaranteed by the constitution.
The plaintiff's wife said her husband was not an employee of Act
Technologies, but a consultant, who was being held with the company's
Chief Executive Officer.
The wife, who prayed the court to order the immediate release of her
husband, including granting all the prayers in the application, said
if not restrained by the court, the DSS would continue to detain her
husband without arraigning him before any court if the respondent has
anything against him.
The case was said to have been assigned to Justice Adeniyi Ademola,
but had yet to be fixed for hearing.
--PUNCH.
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