Businessman files application for enforcement of right against NDLEA

A Federal High Court in Lagos on Tuesday, said it was wrong for the National Drug Law Enforcement Agency (NDLEA) to detain suspects without court order.

Justice Saliu Saidu made the statement while reacting to a fundamental rights suit filed by a businessman, Chika Okonkwo challenging his detention by the Agency, without charge.

Saidu pointed out that there would be no need for several fundamental rights applications against NDLEA by detained suspects, if the agency did the right thing.

Addressing an NDLEA prosecutor, Mr Abu Ibrahim, the judge described the situation as causing unnecessary pressure, and urged them to always do the correct thing.

Okonkwo, had filed an application challenging his detention without charge by the NDLEA.

He is seeking the enforcement of his fundamental rights and is demanding N200million damages.

Saidu said the suit could have been avoided if NDLEA had obtained an ex-parte application to keep the suspect, or charged him and then get a court order to keep him in detention if necessary.

“You cannot keep a suspect in detention perpetually,” the judge said.

In his affidavit, the applicant averred that he arrived the Murtala Mohammed International Airport from South Africa on Nov. 16, but later realised that he was mistakenly given another passenger’s luggage.

He averred that he returned the wrong luggage, only to be accosted by NDLEA agents who sought to know what was in his bag.

The applicant said that there were no banned substances found on him.

He said that in spite of not having found any drug on him, the NDLEA officials took him to their office at Ikoyi, on Nov. 17, where he has been in detention.

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He averred that no charge has been preferred against him nor was a court order obtained authorising NDLEA to continue detaining him.

The applicant is therefore, seeking a declaration that his arrest and detention without charge violates his right as guaranteed in Section 35 of the 1999 Constitution and Article 6 of the African Charter on Human and Peoples Rights.

He is therefore demanding the sum of N200million as damages against NDLEA for infringing on his right, as well as an order directing the agency to release him forthwith.

Counsel to the applicant, Mr Peter Nnorodi, said he was ready to move his application.

Counsel to the NDLEA said his client was still within time to respond, adding that the agency would soon file its counter affidavit.

Justice Saidu adjourned till Jan.11, 2016 for hearing