DSS Using Appeal Court Suit To Hold Detained Sunday Igboho’s Aides
The 12 aides of Yoruba nation agitator, Sunday Igboho, are being held by the Department of State Services (DSS) in Abuja, according to reports. This is due to an appeal filed against the bail granted to them by a Federal High Court in Abuja.
Mr Idowu Awo, DSS’s lead counsel, filed an appeal disputing the detainees’ bail.
DAILY POST learnt on Saturday in Abuja that the DSS Headquarters, often known as “Yellow House,” was unhappy with the bail granted the inmates, prompting a rush to the Abuja division of the Court of Appeal to stop the execution of the detainees’ release warrants.
Justice Obiora Egwuatu signed the release warrants on August 23 after the detainees completed the conditions of their bail.
DAILY POST has learned from sources at the DSS headquarters that authorities are unhappy with the outcome of the bail hearings before the Federal High Court.
The DSS refuses to release Sunday Igboho’s aides despite a court order, and detainees remain in custody.
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The DSS officials reportedly believed that if the detainees were allowed to return home on the strength of court bail, they would be supported in escaping the nation, as their leader had done.
Our correspondent was told that after the detainees were granted bail, a team of legal experts assembled by DSS presented the agency with two options: either release the detainees in accordance with the court order and mount surveillance on their movements, or quickly file an appeal against the bail.
Despite the fact that no stay of execution of the high court order has been requested, DAILY POST has learned that the DSS authorities have chosen to move to the Court of Appeal to explain the detainees’ continued custody.
Idowu Awo, a DSS lawyer, had filed a move on notice requesting further incerceration of the 12 inmates, but withdrew it on August 24 after receiving indications that the high court would not be disposed to accept such a request.
“We actually got hinted that the high court would not consider our motion for further remand the way we wanted on the ground that it would be an affront to the 1999 constitution that put detention of Nigerian citizens at 48 hours”, a source said.
“On that August 24, our lawyer beat a retreat by withdrawing the motion having been convinced that it would not fly, that the Judge will not grant it, so the withdrawal of the motion, as far as we are concerned, was a good decision,” the source said.
DSS attorney informed the court that he had filed a notice of appeal against the bail granted to the 12 inmates and that he would like to pursue the appeal at the Court of Appeal while withdrawing the application.
Following no opposition from the detainee’s lawyer, Mr Sunday Adebayo, Justice Egwuatu ruled down the motion based on the withdrawal.
DSS criticised the detainees’ bail in a notice of appeal dated August 13, 2021, and asked the Court of Appeal, Abuja division, to throw it aside.
The DSS petition was based on the fact that it wishes to question the detainees further to assess their level of involvement in the suspected stockpile of weaponry at Sunday Igboho’s Ibadan apartment.
Mrs Amudat Babatunde, Abideen Shittu, Jamiu Oyetunji, and Bamidele Sunday, a housewife, were granted bail in the amount of N10 million each with two sureties in the same amount, while the remaining eight were granted bail in the amount of N5 million with two sureties apiece.
The four were also told to report to the DSS office in Abuja on the first Monday of each month till their interrogation was finished.
Abdulateef Onaolapo, Tajudeen Erinoye, Diekola Jubril, Ayobami Donald, Uthman Adelabu, Oluwafemi Kunle, Raji Kazeem, and Bamidele Sunday were all granted N5 million bail.
Mr Pelumi Olajengbesi, the detainees’ lawyer, said in a statement that the DSS has no basis for continuing to hold his clients because no court of law has halted the execution of their bond.
According to him, just filing a notice of appeal is not a reason to disregard an existing court decision, and that DSS, as a legal entity, is not above the law, and that the agency should reconsider its illegal action in order to keep his clients.
The 12 detainees are still cooling off at the DSS custody where they have been held since July 2 at the time of this report.
