A Federal High Court in Abuja on Tuesday, ordered the unconditional release of Bashir Hadejia, an aide to the Minister of State for Defence, Bello Matawalle, while he was Governor of Zamfara.
Justice Emeka Nwite, in a judgment, described Mr Hadejia’s arrest and subsequent detention since 12 August 2024, without being charged to court, as unlawful and in breach of his fundamental human rights as enshrined in the constitution.
Justice Nwite, who made an order of perpetual injunction restraining the Inspector-General (I-G) of Police, his agents or servants, from any unlawful arrest and detention of Mr Hadejia, awarded N10 million as general and exemplary damages against the I-G.
Bashir Hadejia, an aide to the Minister of State for Defence, Bello Matawalle
The judge declared the invasion of the applicant’s residence by the agents of the police on 12 August 2024 as illegal, unconstitutional, null and void.
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He held that the act was a flagrant violation of Hadejia’s fundamental rights as guaranteed under Sections 34, 35, 36 (5), 37 and 41 of the 1999 Constitution (as amended).
The News Agency of Nigeria (NAN) reports that Mr Hadejia was allegedly arrested on 12 August 2024 at his residence in Abuja over allegations bordering on “treason and subversion against the state.”
However, in the originating motion marked: FHC/ABJ/CS/1235/2024, filed by Mahmud Magaji, SAN, on Mr Hadejia’s behalf, the lawyer sued the Inspector-General (I-G) of Police and Mr Matawalle as 1st and 2nd respondents.
Also joined in the suit dated and filed on 22 August 2024 were the State Security Service (SSS); Chief of Naval Staff; Chief of Defence Intelligence, Defence Intelligence Agency (DIA); and Chief of Defence Staff (CDS) as 3rd to 6th respondents respectively.
The senior lawyer sought nine reliefs including “a declaration that the abduction, harassment, intimidation, unlawful arrest and detention of the applicant (BASHIR HADEJIA) by the agents of the respondents on 12th of August, 2024, based on the political disagreement between the applicant and the 2nd respondent (Matawalle) is illegal, unconstitutional, null and void.”
Minister of State for Defence, Bello Matawalle
He sought an order enforcing Mr Hadejia’s fundamental rights to liberty by directing his unconditional release pending the determination of any allegations that may be raised against him by the respondents.
He equally sought an order awarding N500 million as general and exemplary damages against the respondents.
In the affidavit deposed to by Abubakar Hadejia, a younger brother of the detainee, he averred that the applicant is a businessman and former Special Adviser on Special Duties to Mr Matawalle while he was governor of Zamfara.
According to him, the applicant is also a Technical Adviser to the incumbent governor of Zamfara State.
He alleged that the residence was invaded without a search warrant and the agents of the I-G who came for the search did not enter any inventory with respect to what was allegedly found in the house.
Mr Abubakar said when they visited the Intelligence Respond Team, Force Intelligence Department (IRT-FID) on 16 August 2024, they were told that though Mr Hadejia was in their custody, he was not a subject of any investigation.
He said through their lawyer, they applied for his administrative bail but were denied.
“I know as a fact that: there exists a political disagreement between the applicant and 2nd respondent (Matawalle), who was the Governor of Zamfara State between 2019 and 2023,” he alleged.
He said within the period, Mr Matawalle appointed Mr Hadejia as Special Adviser on Special Duties but that after he lost the bid to return to the seat of the governor in 2023, Mr Matawalle became angry with Mr Hadejia.
He said the feud between them worsened when Mr Hadejia was appointed as Technical Adviser by the incumbent Governor of Zamfara, Dauda Lawal.
Governor Dauda Lawal
He alleged that Mr Hadejia’s entire detention was a political witch-hunt orchestrated by Mr Matawalle in connivance with the 1st, 3rd, 4th, 5th and 6th respondents to tarnish his image and lower his estimation in the eyes of his political and business associates.
However, in separate counter-affidavits, Mr Matawalle, the SSS, Chief of Naval Staff, DIA and CDS, denied the allegations; describing them as baseless.
They urged the court to dismiss the suit as Mr Hadejia had not placed sufficient evidence before the court to prove his allegations.
Although the 2nd to 6th respondents filed counter affidavits, the 1st respondent (I-G) did not.
Delivering the judgment, Justice Omotosho agreed with the counter-affidavits argument of Mr Matawalle that Mr Hadejia had failed to prove all the allegations against him.
He held that sufficient and credible facts must be presented to the court for the applicant to prove his case, and where the applicant failed, the court would refuse the application.
According to him, when the applicant places sufficient evidence before the court, it is then that the burden of proof will shift to the respondents.
The judge noted that Mr Hadejia alleged that the first, third, fourth, fifth, and sixth respondents were acting on the instructions of the second respondent (Matawalle).
Justice Nwite, however, held that there was absolutely no concrete evidence to show that Mr Matawalle was responsible for Mr Hadejia’s predicament and that it was a result of political disagreement.
Besides, the judge said the applicant failed to show the court that he was ever kept in the custody of the SSS.
“The applicant has woefully failed to prove that his right was denied,” he said.
He said a court can not decide issues on speculation but on facts.
“Courts of law are courts of facts and law and finding should be based on credible evidence,” he said.
He dismissed all the allegations against the 2nd, 3rd, 4th, 5th and 6th respondents.
However, Justice Nwite observed that Hadejia’s affidavit evidence against the I-G (1st respondent) was unchallenged.
He said it is not in dispute that no court has the power to stop the power of security agencies from discharging their power to investigate or prosecute, but where the averments made by an applicant were uncontroverted, they are deemed to be true.
“It is worthy of note that the 1st respondent did not file any process despite being served with the hearing notices and all the court documents,” he said.
The judge, who declared that the continued detention of Mr Hadejia was unlawful, awarded a N10 million fine against the I-G.
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