As the agitation for the release of Comrade Ambrose Nwaogwugwu continues to gain ground, with the state government claiming that Nwaogwugwu has been clandestinely plotting to run the government down, a team of lawyers have taken the bull by the horns at the instruction of the detained suspect to file a suit against DSS.
According to our source, the Federal High Court Owerri Division shall on Monday, 15th June, 2020 hear application by Comrade Ambrose Nwaogwugwu, seeking to enforce his fundamental rights against the State Security Services.
The suit filed by his team of lawyers led by Chief Mike Ahamba SAN, is seeking among other prayers, a declaration that the continued detention of Comrade Ambrose Nwaogwugwu from the 28th May, 2020 till date is unlawful, wrongful, unconstitutional and a flagrant breach of his fundamental rights as guaranteed by the Constitution of Nigeria.
The suit is also seeking an injunction restraining the DSS from continued harassment, arrest, intimidation and detention of Comrade Ambrose Nwaogwugwu. The suit further demands the DSS to tender a published apology to Comrade Nwaogwugwu in any National daily, and payment of the sum of N50Million as punitive and compensatory damages to Comrade Nwaogwugwu, for the unlawful infringement and breach of his fundamental rights.
When contacted, Kelechi Ahamba Esq. who is one of the team of lawyers, stated that the Charge filed by the office of the Director of Public Prosecutions DPP on behalf of the DSS at the Magistrate Court Owerri on the 5th June, 2020 and the purported arraignment of Comrade Nwaogwugwu was a nullity as there was no valid Charge before the Court. He stated that the DSS brought Count Six of the charge bothering on offence under the Terrorism Prevention ACT, 2011 at the Magistrate Court Owerri even when they knew that Section 32 of the same law makes all matters charged under the Terrorism Prevention Act, 2011 to be charged only at the Federal High Court.
He maintained that till date, the DSS has not filed any valid charge bothering on terrorism against Nwaogwugwu at the Federal High Court, which is the Court clothed with the jurisdiction if they were serious to maintain such charge against him. He maintained that in the eyes of the law, the DSS has not filed any charge against Comrade Nwaogwugwu and the purported arraignment on the 5th June, 2020 was a nullity and the DSS will continued to be liable for the continuous detention of Comrade Nwaogwugwu, from the 28th May, 2020 until the DSS releases Comrade Ambrose Nwaogwugwu unconditionally.
The suit is slated to be heard on Monday, 15th June, 2020 at the Federal High Court Owerri.