Five officials of the All Progressives Congress, APC who were arrested by the Department of State Security, DSS have regained their freedom after a Federal High Court sitting in Lagos State, declared their continued detention unlawful, on Monday.
After listening to the argument of the fundamental rights enforcement action brought before the court by Yemi Osinbajo, SAN, counsel to the five persons, Justice Mohammed Yunusa, the presiding Judge said their detention beyond 48 hours was illegal.
Chinedu Atuche, Fayemi Olaposi, Augustine Onuchukwu, EbunIlori and Esther Enemy, the five data officers were arrested at the APC data office on No. 10, Bola Ajibola Street, Allen Avenue, Ikeja, Lagos on November 22by the DSS ina raid.
The DSS had stated that it invaded the office after it received a petition that the party was nursing an intention to hack into the database of the Independent National Electoral Commission,INEC.
In his ruling, Yunusa, said the action by the security agency was against the provisions of Section 35 of the 1999 Constitution as amended which states a suspect should not be detained for more than 48 hours before being charged to court.
He therefore held that the continued detention of the people while investigation into the allegation was still on-going, is unlawful.
“The arrest and detention of the applicants for the purpose of investigations is a clear violation of Section 35 of the Constitution. The remand order, whether valid or invalid, has exceeded the time limit permitted as reasonable by the Section 35 of the Constitution,” the judge held.
In view of this, the Judge ruled that“The arrest and detention of the applicants is illegal and they are hereby released.”
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