The Department of State Security (DSS) has been ordered by the Federal High Court in Ikoyi, Lagos, to without failure produce the managing director of Capital Oil and Gas Limited, Ifeanyi Ubah, in court on Friday.
Giving the order on Tuesday, Justice Muhammed Idris said the DSS have to produce Ubah on Friday and prove why the businessman should not be released without any condition.
The judge’s order was sequel to an ex-parte application filed by counsel to Ubah, Ifeoma Esom, praying the court to mandate Ubah’s release from the custody of DSS where he has been since May 6.
The secretary of Capital Oil and Gas Limited, George Oranuba, argued in the affidavit that the DSS acted in disregard of the constitutional doctrine of separation of powers and the sanctity of the judicial process.
According to him, the arrest of the Capita Oil boss was in respect of the allegations made by the Nigerian National Petroleum Corporation (NNPC) and the Asset Management Corporation of Nigeria (AMCON) a case that is already in court.
He said in the affidavit, “Notwithstanding the pendency of this suit and the service of the originating process as aforesaid the 3rd (EFCC) and 4th (DG, DSS) respondents again invited the 1st applicant to report to their offices in respect of the same allegations made by the 7th (NNPC) to 9th (AMCON) respondents which is the subject matter of the instant suit.”
Esom reasoned that unless the court orders the applicant to be produced in court within 48hrs, EFCC and DSS would continue to keep him in their custody where they may “coerce him into acceding to whatever conditions they impose on him in exchange for his freedom”.
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