Rights Violation: Court Orders Army To Prosecute Or Release Suspects

Chief magistrate court sitting in Makurdi has ordered the Commandant ‘Operation Whirl Stroke’ to either charge suspects to court or grant administrative bail pending investigation after two months of illegal detention.

 His Worship Kelvin Mhanogun Esq SDJ gave the order on Monday following a motion with serial number CMC/245mc2/2023 filed by I. A Ututu Esq and T. P Tarkaa Esq on behalf of the applicants, Aina Abekpa Elikan and Nyitar Titor Titus against the Commandant Operation Whirl Stroke.

 The motion pleaded for an ” an order directing the Respondents to produce the Applicant to Court or admit the Applicant to bail pending conclusion of their investigation and the determination of the allegation against them.

“And such further order(s) as this Honourable Court may deem fit to make in the circumstance of this.”

The applicants were arrested on 20 June 2023 at different locations within Guma local government area and have been held in custody without trial or access to family. They are alleged to have been tortured by the respondents since the arrest.

In his ruling, Kelvin Mhanogun Esq SDJ granted the prayers as requested.

He said, “Having listened to the submissions of learned counsel to the applicant T P Tarkaa Esq, I have also considered the paragraphs with supporting affidavit as well as the exhibit attached and I am constrained to hold that granting this application will only protect the rights of the applicants as enshrined under the constitution of the Federal Republic of Nigeria 1999 as amended.

“The application is hereby granted as prayed.

“The respondents, the commandant operations whirl stroke is hereby directed to produce the applicants before a court of competent jurisdiction for cognizance to be taken in respect of their allege offence they have committed or in alternative grant administrative bail to the applicants while they carry out further investigation on the matter regarding the applicants who have been in custody since the 20 of June 2023”.