Justice Yusuf Haliru of High Court of the Federal Capital Territory by way of orbiter, Thursday, advised Mrs Ifeoma Esom, counsel to the embattled Chief Executive Officer of Capital Oil and Gas Ltd, Dr Ifeanyi Ubah, to file an application seeking her client’s bail.
The Judge gave the advice after declining to vacate an exparte order delivered on May 10, 2017, which gave the Department of State Security, 14 days to detain Ubah.
The ruling came shortly after Justice Idris Mohammed of the Federal High Court Lagos ordered the unconditional release of Ubah from DSS within 48 hours.
The court chided the DSS for lying on oath in a bid to justify Ubah’s detention, describing the action as unfortunate.
“Security agencies must understand that they are not instruments of debt recovery” Justice Idris held.
However, Ubah had argued that the exparte order made by the FCT High Court, which elapsed on May 24, was secured on suppression of facts.
Ruling on Ubah’s application on Thursday, the court held that it was constrained to grant the motion because the DSS got a valid order to detain him.
The Judge noted that the exparte order he granted on 10th May elapsed on May 24, and therefore advised Esom to go to the DSS to demand Ubah’s release.
Delivering ruling on Ubah’s application brought pursuant to Section 292(2), the court observed that the section of Administration of Criminal Justice Act 2015, which Esom hinged the application, was wrong.
Justice Haliru stated that the only basis for the court to have granted Ubah’s request was “If the application was predicated on health grounds.
“There is nothing placed before the court to show that Ubah is having any ailment that required him to be moved out of the DSS detention facility to a better health facility” , the court said.
“There are proper provisions of ACJA 2015, for which the application would have been filed, but this section used was a wrong one”, the court noted.
“Uba application cannot be allowed to fly at this juncture because the DSS secured a valid court order to detain him. The order was lawfully obtained and there was no suppression of facts.
“Consequently, the application is refused and hereby dismissed” the court held.
Reacting, Ubah’s lawyer however informed the court of her application brought pursuant to Section 296(3) of ACJA, seeking Ubah’s bail.
Meantime, the DSS lawyer, G.A Agbadua brought another application pursuant to Section 296(2) of ACJA, seeking another 14 days to detain Ubah, which the court granted.