Fake Soldier in Villa – Court Orders IGP, AGP to Arraign Suspect

Leadership (Abuja)

Ahuraka Yusuf Isah

24 June 2011

An Abuja High Court yesterday ordered the attorney-general of the federation (AGF), the inspector-general of police and commissioner of Police (FCT) to, within 48 hours from yesterday, arraign one Mrs. Ibiye Mcphail who was arrested with the fake army personnel alleged to have strayed into the Villa.

The presiding judge, Justice Samuel Aladetoyinbo, said that the action of the defendants offended section 35 of the constitution of the Federal Republic of Nigeria.

Before adjourning for the hearing of the main application, Justice Aladetoyinbo said that notwithstanding the action of the plaintiff, perpetual incanceration was an affront to her fundamental rights.

Consequently, he mandated the AGF, IG and the CP of the FCT arraign the suspects within two day from yesterday as guaranteed by the laws of the land.

Mrs. Mcphail had named the FCT Commissioner of Police, IG and AGF as co-defendants in a motion on notice which she filed before the court seeking for her release or brought before the court for trial.

The applicant had asked the court to declare that her arrest and detention by Nigeria Army and subsequently FCT police command since May 25, 2011 without trial is a violation of her fundamental human right guaranteed in the constitution of Nigeria.

She urged the court to direct the defendants to either release her or be arraigned before a court of competent jurisdiction within 24 hours upon hearing of her application.

In the application filed on her behalf by Mr. Akintola Amao, the applicant is demanding N500million compensation for the unlawful arrest and detention.

In a 22-paragraph affidavit deposed to by the applicant’s daughter, Loma Mcphail, she stated that due to her mother’s elongated detention, she could not appear before the commissioner of oath to depose to the affidavit which explained:

She said her mother hired a commercial bus to travel from Port Harcourt to Abuja to attend a meeting at the All Nigeria Peoples Party (ANPP) secretariat on May 25, 2011.

The driver of the chartered bus, not being not too conversant with network of roads in Abuja made her to take one Hussaini Emmanuel who dressed in a military uniform along with her for the visit.

That after her meeting, she decided to pay a visit to one Mr. Green Kayefela who works in the state House (villa).

That she went to the state House in the company of three other persons in the bus including Hussaini Emmanuel who dressed in a military camouflage uniform.

That at the gate to the Villa, the security operatives demanded for the identity of everybody in the bus.

That the security operatives demanded to know from Hussaini Emmanuel why he put on military uniform while he was not one and upon his failure to give satisfactory answer, he was arrested alongside with others in the bus including the applicant.

That having spent 21 days in two different cells and there was no hope at sight for her release, hence the applicant decided to seek redress in court.

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