Justice Binta Nyako of the Federal High Court Abuja has adjourned to June 13, the hearing of a fundamental rights enforcement suit filed by Dr Muhammad Marri Abba, a medical practitioner and consultant to the World Health Organization (WHO) against the Federal Government.
Abba is accused of aiding the boko haram terrorist group.
The adjournment was sequel to a letter written by J. A Adamu, counsel to the 5th respondent, the Chief of Defence Staff, and addressed to the judge, indicating that he was attending to a matter at the Court of Appeal Lagos.
Consequently, the N500m suit has been adjourned to June 13, for hearing.
However, the applicant’s counsel, Jibril Okutepa, SAN, filed a further affidavit insisting that agents of the Federal Government know where Dr Abba is being detained.
The affidavit in response to the counter affidavit deposed to by one Oluwaseyi Arowosebe, stated that “officers and men of the 3rd respondent (IGP) effected the arrest of the applicant when the applicant voluntarily went to the police station to retrieve his properties.
That in an earlier suit filed by the applicant and others which was struck out, the Commissioner of police, Yobe state, an agent of the 1st respondent. (AGF), 2nd (FG) and 3rd, deposed to a counter affidavit which was served on the applicant, and they admitted the fact of the arrest of the applicant upon the fact stated therein.”
In addition, Arowosebe claimed “that the 1st, 2nd, 3rd, 4th, 6th and 7th respondents have in their possession records of the arrest, detention and the place or places they keep the applicant presently.”
From the further affidavit, it was revealed that the agents of the 1st, 2nd and 3rd respondents made available to the wife of the applicant, Mrs Rahila Muhammad Bashir, a copy of police investigation reports on the applicant, which report was signed by one ACP Mohammed Lawal.
More so, the further affidavit stated, “from the report of the Amnesty International of June 2015, captioned Arbitrary detention of Dr Muhammad Mari Abba, the agents of the respondents are detaining the applicant at Kainji Detention Centre.”
But in opposition to the claim by the applicant, the Inspector General of Police (3rd respondent) said “immediately after preliminary investigation, the 1st applicant and the exhibits were handed over to the Commander, Operation Restore Order, Nigerian Army, Damaturu for further investigation.”