Justice Aminu Garba of the Federal High Court Minna adjourned a ruling on Monday in the case of the enforcement of the fundamental human right of one Mohammed Ahmadu of the Nikangbe Community of Chanchaga Local Government Area of Niger State.
Mohammed Ahmadu was alleged to have used the proceeds from his terrorism and kidnapping activities to build his house located at Nikangbe, which was sometimes demolished in 2022.
The defendant and six others were picked up by security agencies, and since then, his whereabouts have not been known, which informed his wife, Hajiya Innawuro Mohammed Ahmadu, to approach the court through her counsel, Barrister Mohammed Tsado Mohammed, to seek redress.
In a suit filed at the Minna Federal High Court division, Barr Mohammed Tsado Mohammed prayed to the court for the enforcement of the rights of the defendant and to release him or charge him to court for prosecution.
Joined in the suit were the Inspector General of Police, the Director General of the Department of State Service (DSS), the Niger State Government, and the state Ministry for Local Government and Chieftaincy Affairs.
The defence counsel said they were in court to seek court intervention to enforce the infringement on the rights of the defendant and for the security forces to release him forthwith.
The lawyer contended that since his arrest and the demolition of his building in 2022, his whereabouts have not been known, adding that the police claimed that he was not in their custody while the DSS was also saying he was not in their custody.
In a swift response by the counsel for the state government, the former Attorney General and Commissioner for Justice in Niger State, Barrister Nasara Dan Mallam, stated that the state has nothing to do with the arrest of the defendant, as claimed by the counsel.
He said the defendant was arrested based on the information made available to the security operatives on his suspicious activities in the community.
Nasara Dan Mallam, who was represented at the court by the Chief State Counsel in the Ministry of Justice, Aliyu Mohammed Kutigi, explained that the state was joined in the suit by the defence counsel, and the state has no business in the arrest or detention of the defendant.
While adjourning the case, Justice Aminu Garba pleaded with both counsels for his inability to deliver a ruling on the matter and adjourned the case to January 17, 2024.