Alex Enumah in Abuja
A Excessive Court docket of the Federal Capital Territory (FCT) has quashed the detention order made by Mohammed Abba Bello of an Abuja Justice of the Peace’s Court docket, in opposition to the Medical Director of Alliance Hospital, Abuja, Dr Christopher Otabor.
Justice Hamza Muazu voided the detention order whereas delivering ruling in a movement on discover marked: MN/01/2024, drawn from go well with no. CV/W2ZZ/37/2024, between the Federal Authorities and Otabor.
Following a request by the Nationwide Company for the Prohibition of Trafficking in Individuals (NAPTIP), Justice of the Peace Bello had ordered the remand of Otabor in NAPTIP’s custody pending investigation, an order which prompted the moment go well with on the FCT Excessive Court docket.
Otabor, within the movement, particularly searched for a judicial evaluate of the January 22 order of the Justice of the Peace’s Court docket which had ordered NAPTIP to detain him for 14 days.
His lawyer, Chidi Dimgba, had argued that the Justice of the Peace made the order in extra of jurisdiction in violation of Part 294 of Administration of Prison Justice ACT (ACJA) 2015, which limits the powers of magistrates to grant a remand order.
In his ruling, Justice Muazu discountenanced all the problems canvassed by NAPTIP’s lawyer in opposition to the movement by Otabor for judicial evaluate of the Justice of the Peace’s Court docket order.
The choose said that after reviewing the process that led to the detention order, it didn’t consider that the Justice of the Peace’s Court docket was proper in its determination because it acted in extra of its jurisdiction.
Justice Muazu famous that the Justice of the Peace failed to contemplate the difficulty of bail, stressing that an allegation of organ harvesting is a bailable offence.
“The remand order is hereby quashed.
Applicant is to be launched pending arraignment if any,” the court docket ordered.
Otabor had approached the Excessive Court docket for an order certiorari quashing the order for his detention, in addition to for a declaration that his detention by NAPTIP in its custody pursuant to the order made by the Justice of the Peace’s Court docket on January 22 was illegal.
He had knowledgeable the court docket that on January 21, 2024, he visited NAPTIP’s workplace based mostly on his invitation to offer some clarifications on their investigation.
Otabor advised the court docket that he arrived at NAPTIP’s workplace earlier than midday and was taken to a room the place he was interrogated by its officers.
“I responded to all of the questions I used to be requested satisfactorily. At about 5pm after I had been subjected to a barrage of interrogation, I used to be supplied bail on the situation that I’ve a dependable surety of stage 17 within the Civil Service of the Federation.
“I used to be in a position to contact somebody of Degree 17 within the Civil Service of the Federation who introduced himself to face surety for me however the second respondent’s officers complained that it was late to course of the surety and so they detained me at their deal with positioned at Zone 5, Plot 2028 Dalaba St, Wuse, Abuja.
“At about midday the subsequent day, twenty second January 2024, the surety was current and he was already going by way of the method of getting the bail perfected when the officers of the second respondent confirmed me a court docket order granted by the primary respondent on twenty second of January 2024 to remand me for 14 days.
“And with the order, I used to be detained by the second respondent. I regarded on the order and noticed that the primary respondent made the next order pending the conclusion of the investigation been carried out by NAPTIP,” Otabor mentioned.
He mentioned the Justice of the Peace ordered that: “The suspect (respondent) shall be introduced earlier than this court docket at subsequent adjourned date this matter is about down for listening to.
“The place there may be possible trigger to increase the remand order, the applicant shall take the mandatory step consistent with Part 269(2) of ACJA 2015.
“Upon failure of the applicant to fulfill the situation said beneath Part 269(2) of ACJA 2015, or convey the respondent on the subsequent adjourned date, this court docket shall make mandatory order that matches the circumstance of the case.”
Nevertheless, the medical physician expressed fear that he was not even taken to court docket earlier than the order to detain him was made.
“I used to be shocked as a result of I used to be not introduced earlier than any court docket together with the mentioned Justice of the Peace’s Court docket the place the primary respondent (Justice of the Peace) sat to grant the order.
“The second respondent didn’t additionally supply me any motive they determined to acquire the order to remand me.
“I used to be saved within the detention of the second respondent (NAPTIP) by way of the night time of January 22, 2024 until January 24, 2024 based mostly on the order.
“All by way of the interval, I used to be not requested any query or interrogated by officers of the second respondent” Otabor averred in an affidavit in help of his movement for judicial evaluate.
Justice Muazu had, on January 24, granted an ex parte software by Otabor, in search of go away for judicial evaluate of the order made by Justice of the Peace Mohammed Abba Bello on January 22.