By Tobi Soniyi and Chuks Okocha
The co-owner of Amigo Supermarket, Mustapha Fawaz and three other Lebanese - Abdalah Tahini, Talal Rouda and Khosai Nouridine, who were arrested over the armoury and Hezbolla terror cell uncovered in Bompai, Kano State have filed a suit before the Federal High Court, Abuja.
They are demanding N50 billion as compensation from the State Security Service (SSS), the Director General of SSS, Ekpeyong Ita and the Attorney General of the Federation and Minister of Justice, Mohammed Adoke (SAN), for their unlawful arrest and detention without trial.
This is coming against the backdrop of the request by the SSS to demolish the popular Abuja Amigo Supermarket, as well as revocate the lease of the land hosting the Amesement Park, also called Abuja Wonderland.
The Lebanese businessmen have, therefore, asked the court to stop the respondents from extraditing them except by a procedure permitted by law.
In the application for the enforcement of their fundamental rights, filed by Mr. Bamidele Aturu, the applicants asked the court to declare their arrest and continued detention without trial by the SSS on various dates as “illegal, unlawful, unconstitutional, null, void and of no effect whatsoever”.
They prayed the court for an order directing their release and an order of perpetual injunction restraining the respondents whether by themselves or agents from arresting or detaining or continuing to detain them except by a procedure permitted by law.
The motion was brought pursuant to Sections 35 and 36 of the 1999 Constitution, Articles 6 and 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap. A9, Laws of the Federation, 2004; and Order II Rules 1, 2 and 3 of the Fundamental Rights (Enforcement Procedure) Rules 2009.
A few days after the arrest of the suspects in Kano, the SSS sealed Amigo Supermarket and Wonderland Amusement Park.
The applicants also demanded for a public apology by the respondents in three newspapers widely circulating in Nigeria for the violation of their rights.
Aturu had in a June 3 letter to the SSS's Director General complained that his clients had been detained without trial by the SSS in violation of the constitution.
Two days later, the SSS obtained an order of an Abuja Chief Magistrate to detain the suspects.
However, in an affidavit in support of the suit, Ali Tahini, who is a younger brother to Tahini stated that the SSS had ignored the letter.
He averred that Fawaz was arrested in Abuja, at about 4 a.m. on May 10; Tahini arrested on May 11 while Rouda and Nouridine were arrested on or about May 28 in Kano.
Ali recalled that the respondents and their officers had sealed Amigo Supermarket and Wonderland Amusement Park in Abuja since May 31, while many people who looked like staff and customers “were seen driven away by security operatives."
But convinced that Fawaz and the other suspects have a case to answer concerning the discovery of the said boxes containing arms concealed underground, the SSS asked the permission of President Goodluck Jonathan to immediately demolish the supermarket.
But the approval has not been granted by the President.
Some boxes had been found in the supermarket, buried underground. A security official involved in the activities, however, said no major weapons were recovered from the boxes, contrary to rumours, with only a pistol found in one of them.
Sources at the SSS explained that the president had not communicated his decision on the matter to the Service, more than 72 hours. The delayed response, it was gathered, had stalled further work on the case, and raising concerns that he may veto the proposal.
The report, which was sent a week ago, recommends that the sprawling mall, estimated at more than N5 billion be bulldozed and the area thoroughly searched for concealed arms, it suggests Abuja’s biggest amusement park, Wonderland, also owned by the Lebanese, be immediately revoked by the Federal Capital Territory Administration (FCTA).
It was further gathered that the property hosting the park was owned by the Abuja administration and was only leased to the group for 10 years.
With days passing and without a firm response from the president to the SSS request, investigators fear the proposal may be turned down by the president.
“We have sent in our report, but we can’t proceed without an approval by the president on such a matter of National Security,” a senior official of the SSS involved in the investigations said.
According to Premium Times, SSS spokesperson, Marilyn Ogar, did not respond to phone calls seeking to get the agency’s official reaction and next line of action.
The president’s office did not also respond to request for response to this story.
Investigations also showed that the SSS recommendation was based on the belief that the place was used for stockpiling of weapons.
Also, investigators said they have evidence that proceeds of sales from the multi-billion enterprise have been used in funding terrorism; and lastly, the SSS is concerned a new administration after Jonathan’s may re-allocate the property to the Lebanese group.
The co-owner of Amigo Supermarket, Mustapha Fawaz and three other Lebanese - Abdalah Tahini, Talal Rouda and Khosai Nouridine, who were arrested over the armoury and Hezbolla terror cell uncovered in Bompai, Kano State have filed a suit before the Federal High Court, Abuja.
They are demanding N50 billion as compensation from the State Security Service (SSS), the Director General of SSS, Ekpeyong Ita and the Attorney General of the Federation and Minister of Justice, Mohammed Adoke (SAN), for their unlawful arrest and detention without trial.
This is coming against the backdrop of the request by the SSS to demolish the popular Abuja Amigo Supermarket, as well as revocate the lease of the land hosting the Amesement Park, also called Abuja Wonderland.
The Lebanese businessmen have, therefore, asked the court to stop the respondents from extraditing them except by a procedure permitted by law.
In the application for the enforcement of their fundamental rights, filed by Mr. Bamidele Aturu, the applicants asked the court to declare their arrest and continued detention without trial by the SSS on various dates as “illegal, unlawful, unconstitutional, null, void and of no effect whatsoever”.
They prayed the court for an order directing their release and an order of perpetual injunction restraining the respondents whether by themselves or agents from arresting or detaining or continuing to detain them except by a procedure permitted by law.
The motion was brought pursuant to Sections 35 and 36 of the 1999 Constitution, Articles 6 and 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap. A9, Laws of the Federation, 2004; and Order II Rules 1, 2 and 3 of the Fundamental Rights (Enforcement Procedure) Rules 2009.
A few days after the arrest of the suspects in Kano, the SSS sealed Amigo Supermarket and Wonderland Amusement Park.
The applicants also demanded for a public apology by the respondents in three newspapers widely circulating in Nigeria for the violation of their rights.
Aturu had in a June 3 letter to the SSS's Director General complained that his clients had been detained without trial by the SSS in violation of the constitution.
Two days later, the SSS obtained an order of an Abuja Chief Magistrate to detain the suspects.
However, in an affidavit in support of the suit, Ali Tahini, who is a younger brother to Tahini stated that the SSS had ignored the letter.
He averred that Fawaz was arrested in Abuja, at about 4 a.m. on May 10; Tahini arrested on May 11 while Rouda and Nouridine were arrested on or about May 28 in Kano.
Ali recalled that the respondents and their officers had sealed Amigo Supermarket and Wonderland Amusement Park in Abuja since May 31, while many people who looked like staff and customers “were seen driven away by security operatives."
But convinced that Fawaz and the other suspects have a case to answer concerning the discovery of the said boxes containing arms concealed underground, the SSS asked the permission of President Goodluck Jonathan to immediately demolish the supermarket.
But the approval has not been granted by the President.
Some boxes had been found in the supermarket, buried underground. A security official involved in the activities, however, said no major weapons were recovered from the boxes, contrary to rumours, with only a pistol found in one of them.
Sources at the SSS explained that the president had not communicated his decision on the matter to the Service, more than 72 hours. The delayed response, it was gathered, had stalled further work on the case, and raising concerns that he may veto the proposal.
The report, which was sent a week ago, recommends that the sprawling mall, estimated at more than N5 billion be bulldozed and the area thoroughly searched for concealed arms, it suggests Abuja’s biggest amusement park, Wonderland, also owned by the Lebanese, be immediately revoked by the Federal Capital Territory Administration (FCTA).
It was further gathered that the property hosting the park was owned by the Abuja administration and was only leased to the group for 10 years.
With days passing and without a firm response from the president to the SSS request, investigators fear the proposal may be turned down by the president.
“We have sent in our report, but we can’t proceed without an approval by the president on such a matter of National Security,” a senior official of the SSS involved in the investigations said.
According to Premium Times, SSS spokesperson, Marilyn Ogar, did not respond to phone calls seeking to get the agency’s official reaction and next line of action.
The president’s office did not also respond to request for response to this story.
Investigations also showed that the SSS recommendation was based on the belief that the place was used for stockpiling of weapons.
Also, investigators said they have evidence that proceeds of sales from the multi-billion enterprise have been used in funding terrorism; and lastly, the SSS is concerned a new administration after Jonathan’s may re-allocate the property to the Lebanese group.
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