By OLUGBENGA SOYELE, Lagos
Justice Mohammed Idris of a Federal High Court in Lagos yesterday refused to order the release of managing director of Capital Oil and Gas Limited, Ifeanyi Ubah, from the custody of the Directorate of State Security (DSS).
Justice Idris who had on May 8, 2017 ordered the DSS to produce the businessman in court on Friday to show cause why he should not be released was forced to adjourn the case as result of another order remanding Uba in custody, issued by another Judge in Abuja.
At the resumed hearing of the matter yesterday, counsel to Ubah, Prince Ajibola Oluyede, urged the court to order immediate release of his client, Ubah, due to what he called flagrant disobedience to the order made on May 8.
Oluyede also told the court that instead of the DSS to produce his client as ordered by the court, the respondents served them with a notice of preliminary objection.
The lawyer argued that the DSS, instead of obeying the order of the court, approached an FCT High Court and obtained a remand order against his client.
Oluyede further informed the court that in disobeying the order, the DSS and its Director-General acted in subversion to the authority and dignity of the court by utilizing what he called “abuse of court and power”.
He maintained that when Ubah was first arrested in March 19, 2017 and released after three weeks, he was coerced to discontinue the fundamental rights application which he earlier filed against the respondents.
He also claimed that immediately Uba discontinued the application, he was invited and arrested again.
Oluyede insisted that the DSS and its Director-General have not shown cause in compliance with court order why he should not be released.
He therefore urged the court to order DSS to release Ubah immediately
In his Response, lawyer representing DSS and its DG, Peter Okerinmade, urged the court to discountenance the submissions made by Ubah’s legal team.
Okerinmade told the court that DSS has filed an application before the court challenging the court’s jurisdiction to entertain Ubah’s application.
The lawyer also said that the applicant was arrested in Abuja on May 6, 2017 and not in Lagos as claimed by his lawyer.
He also told the court that the agency secured a remand order of the applicant on May 10, 2017. This, he said, was sequel to a Motion Ex-parte for his remand filed before an Abuja Federal High Court.