One Salihu Enesi, who has been in the custody of the Department of State Services (DSS) since 2015 without arraignment has sued the agency demanding N5 billion for aggravated damages for unlawful detention and incapacitation.
Enesi, filed the suit marked No. FHC/ABJ/05/974/18 through his counsel, Bala Dakum of Dakum & Co at the Federal High Court, Abuja, Division, last Wednesday. He is also asking for an unconditional release from DSS custody.
Besides, the applicant, who is now incapacitated following injuries from the shootings he suffered, has asked the court for a declaration that the arrest and continued detention since the 28th October 2015 by the Respondent, its privies, agents officers or representatives is illegal, unlawful null and void and amounts to gross violation of his fundamental rights as enshrined in sections 34, 35 and 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
A declaration that the shooting of the Applicant on the leg by the Respondent agents on the 28th October, 2015 which incapacitated the Applicant and failure of the Respondent to treat the applicant for the period of over two years while he remains in its custody amounts to cruel torture, degrading and inhuman treatment contrary to Sections 34, 35, and 36 of the 1999 Constitution.
An order of the Honourable Court directing the Respondent to immediately release the applicant on bail unconditionally.
An order of the Honourable Court directing the Respondent to pay the Applicant the sum of N5 billion for unlawful detention and causing permanent disability. An apology from the agency.
The Applicant is also seeking an order of perpetual injunction restraining the respondent from arresting him based on facts to the application.
According to a 19-paragraph affidavit deposed to by Raji Jamiu in support of the application, Enesi was shot by the operatives of SSS on his leg on 28 October 2015 .
The DSS operatives them carried him into their vehicle with his wife and two children, age four months and three years on 28th October 2015 from his family house in Tung Makama Taxa Local Government, Niger State.
The agency later released the wife and the two minors after four months in custody but all efforts to get Enesi release from custody has been futile.
No date has been fixed for the hearing of the matter.