A judge of the Abuja High Court Hussein Baba-Yusuf on Wednesday ordered the Inspector-General of Police and the Commissioner of Police in charge of Criminal Investigation Department (CID), to arraign two Boko Haram suspects, Abubakar Fugu and Bukar Fannami, unfailingly on May 18.
Mr. Baba-Yusuf said that the action of the IGP in detaining Mr. Fugu and Mr. Fannami for more than 80 days without charging them to court violates Section 35 of the Constitution of the Federal Republic of Nigeria.
According to the section, every person shall be entitled to his or her personal liberty and no person shall be deprived of his or her liberty.
Section 35 (4) says that any person who is arrested or detained shall be brought before a court of law within a reasonable time and if he or she is not tried within a period of two to three months from the date of his arrest he should be released either unconditionally or upon conditions as ordered by the court.
Before adjourning for the hearing of the main application, Mr. Baba-Yusuf said that notwithstanding the alleged crime against the suspects, perpetual incarceration is an affront to their fundamental rights.
Consequently, he mandated the IGP to either arraign the suspects within nine days from today or grant them bail.
He adjourned hearing of the main application for the violation of the fundamental human rights of the two men to Friday, May 18.
Mr. Fugu and Mr. Fannami, through their counsel, Ibrahim Chara, asked the court to declare that their arrest and detention since February 25 to date, by the police, without trial is a violation of their fundamental human rights, as guaranteed by the Constitution.
Mr. Chara urged the court to direct the IGP to either release his clients or arraign them before a court of competent jurisdiction within 24 hours upon hearing of their application.
The counsel said that his clients having spent 80 days in two different cells with no hope at sight of being released, decided to seek redress in court.
The suspects were arrested by the police in Gombe State and brought to the FCT on the allegations that they belonged to the Boko Haram sect.
The police also alleged that the suspects were being investigated for allegedly being in possession of arms and ammunition.
Mr. Baba-Yusuf adjourned hearing of the application for the violation of the human rights of the two men to Friday, May 18.