The Department of State Security Service (DSS) on Friday refused an order of a Federal High Court sitting in Lagos to produce Dr. Patrick Ifeanyi Ubah in court.
The court had on May 9, following an ex-parte application filed and argued by Ubah’s lawyer, Mrs. Ifeoma Esom, instructed the DSS and its director-general to produce Ubah in court this Friday or show cause why he should not be produced.
But when the case came up, Ubah was nowhere near the court, a situation that led his lawyer, Mr Ajibola Oluyede, to ask the court to order immediate release of his client, Ubah, due to flagrant disobedience of the order of the court made on May 8, 2017.
However, the prayer by Ubah’s lawyer was declined by the presiding judge, Justice Muhammed Idris.
Oluyede argued that the DSS utilised what he described as ‘abuse of court and power and said that the action of the security operative amounted to disobedience of the court order and subversion to the authority and dignity of the court.
Peter Okerinmade, counsel to DSS and its director general, contended that the court should sack the submissions made by Ubah’s legal team on the ground that the DSS had filed an application before the court challenging the court’s jurisdiction to entertain Ubah’s application.
The presiding judge in his submission described the scenario as sad and unfortunate.
He said, “On May 9, 2017, upon hearing the applicant’s ex-parte application, the court directed the fourth and fifth applicants to produce the applicant in court today. From the record of the court, it shows that the ruling was served on the respondents on May 10, 2015, by 10 am.
“It was also shown that the respondents on the same day obtained an order remanding the applicant from my learned brother Halilu J of FCT High Court. It’s clear that there is a direct conflict between the order of this court and of my learned brother Halilu J of FCT High Court.
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