High Court Orders Unconditional Release Of GEJ’s Former ADC

An Abuja High Court has ordered the
unconditional release of Aide de Camp (ADC)
to former President Goodluck Jonathan,
Ojogbane Adegbe
Justice Yusuf Halilu made the order while
ruling on application filed by Adegbe through
his lawyer, Chief Ogwu Onoja, SAN
challenging the legality of Adegbe's detention
by the Economic and Financial Crimes
Commission (EFCC) to court to challenge his
adetention.
Adegbe, a colonel had asked the court for
N100 million damages for his detention
which he alleged violated his fundamental
rights.
Onoja urged the court to declare that his
client's arrest and continued detention by
EFCC since February 11 was unconstitutional
and violated his right to personal liberty
guaranteed by the 1999 Constitution.
He urged the court to make an order
directing the EFCC to immediately release the
applicant from unlawful detention.
In the alternative, the applicant is seeking
for an order admitting him to bail pending
his trial in a court of competent jurisdiction
since his case is not a capital offence.
In addition, Adegbe wants the respondent to
write a letter of apology to him.
Adegbe filed the suit on the grounds that his
arrest and continued detention by the EFCC
violated his rights to personal liberty and
freedom of movement as guaranteed by
Sections 35 and 41of the 1999 Constitution of
the Federal Republic of Nigeria and Articles
5, 6, and 12 of the African Charter on Human
and Peoples Rights.
The applicant said he sought the relief
because his arrest and continued detention
"is neither known to any law nor permitted
by any law/procedure and therefore not
justified".
A supporting affidavit deposed to by one
Michael David Adegbe, the younger brother
of the ADC, stated that Adegbe had been in
EFCC detention facility since February 11,
2015 and had been denied administrative
bail by the commission.
The deponent stated that Ojogbane after
leaving office was sent on a military course
in the United Kingdom.
"As a result of activities being undertaken by
the EFCC in relation to activities of the
former government of President Goodluck
Jonathan, the respondent invited the
applicant through the Nigerian Army," the
deponent.
The affidavit stated that having been
summoned by the military authorities,
Ojogbane returned to Nigeria on February
10, 2015, and was subsequently handed over
to the EFCC for questioning.
The deponent said, "Despite making his
statement on that same day, the EFCC
continued to detain the applicant in their
custody and have refused to grant him bail
or charge him to court."
He claimed that the case against the
applicant as seen from interrogation and
questions put to him related to his military
official duties in receiving concealed
messages from the office of the National
Security Adviser and delivering them to
persons on the instructions of Jonathan.
His lawyer argued that the arrest and
detention of Adegbe by the EFCC violated his
right to personal liberty and freedom of
movement guaranteed by Section 35 and 41
of the 1999 Constitution.
The applicant's counsel contended that
EFCC's action violated Articles 5, 6 and 12 of
the African Charter on Human and Peoples'
Rights.
He is praying for: "A declaration that the
arrest and continued detention of the
applicant by the respondent since February
11, 2016 is unconstitutional as it offends his
right to personal liberty as guaranteed by
Section 35 of the 1999 Constitution of the
Federal Republic of Nigeria."
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