In an ex-parte application filed through a Senior Advocate of Nigeria, alleged mastermind of the April 14 bomb blast that killed over 75 persons at a crowded motor park in Nyanya Abuja, Aminu Ogwuche, yesterday pleaded a Federal High Court sitting in Abuja to order his immediate release from detention.
Ogwuche, through his counsel Mr. Ahmed Raji, told the court that since July 15, 2014, when he was arrested in Khartoum, Sudan and extradited to Nigeria, the Federal government has neither arraigned, tried nor granted him administrative bail despite several demands.
Premising his application on section 34, 35, 36, 41 and 43 of the 1999 Constitution, as amended, Articles 2, 6, 7(1) of the African Charter on Human and Peoples Right ( Ratification& Enforcement Act), the accused person, told the trial court that he has been denied access to his family members, medical personnel or counsel.
The counsel therefore applied for an interim order granting bail to the applicant or releasing the applicant forthwith conditionally or unconditionally, pending the determination of the substantive originating motion in this matter
An affidavit in support of the motion reads in part: “The applicant since his arrest and detention has been denied access to his family members, medical personnel or counsel.
“Unless this ex-parte application is granted in the interim and as a matter of urgency (pending the hearing and determination of the originating motion) the respondent will continue to violate the applicant’s rights which are guaranteed under the constitution of the Federal Republic of Nigeria, 1999, as amended.
”The health of the applicant is under serious threat having not seen his medical personnel for about 12 weeks. The grant of this interim application will reduce the hardship being meted out on the applicant by his continued detention by the respondents, particularly the 1st Respondent’s refusal to grant the applicant access to his solicitor, physician and family members.”
Justice Ademola Adeniyi adjourned hearing on the bail request till November 24.
It will be recalled that planned arraignment of the suspect on the last adjourned date, September 26, suffered setback owing to bickering between the Department of State Service, DSS, and the Nigerian Police Force, over which of them should be allowed to conduct the trial.
