A
Federal High Court in Ilorin, Kwara State, on Friday ordered the State
Security Services to release a terror suspect, Alhaji Abdullahi Berende,
on bail, pending an arraignment before a court of competent
jurisdiction.
The court, presided over by Justice
Olayinka Faji, also said the arrest and detention of Berende without
trial since December 17, 2012, under unwholesome condition, control and
power of the SSS was illegal, baseless and unconstitutional.
According to a copy of the judgment made
available to journalists in Ilorin on Sunday, the court also held that
the continuous detention of Berende in the SSS custody is a gross and
flagrant violation of the applicant’s fundamental human rights to
freedom of movement.
The judge also awarded damages of N1.5m in favour of Berende against the SSS.
Faji said, “The respondents (SSS) are
also ordered to release the applicant on bail pending his arraignment
before a Court of competent jurisdiction.
“It may be that the respondents (SSS)
are fighting scourge of terrorism, which affects national security.
There is however a need to maintain the clear balance between law
enforcement and protection of human rights.
“In the circumstances, therefore, I award a sum of N1.5m in favour of the applicant and against the respondents as damages.”
Berende had on January 13, 2013, sued
the Director-General, SSS and Director, SSS, Ilorin and applied before
the High Court for the enforcement of his fundamental human rights.
The Deputy Director Public Relations,
SSS, Marilyn Ogar, had on Wednesday February 20, 2013 said Berende, who
is an Islamic teacher and a local leader of the Shiite sect in Ilorin,
was observed to have made several suspicious trips to Iran where he
allegedly interacted with some Iranians known to operate a high profile
international terrorist network.
According to Ogar, the suspect confessed
that in 2006, he gained admission to study a six-month course in modern
Shi’a Islamic Teaching (Da’awa) at Imam Khomeini University, Iran but
was recruited and trained in terror acts.
She stated that the Iranian sponsors
requested Berende to identify and gather intelligence on public places
and prominent hotels attended frequently by Americans and Israelis.
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