June 5, 2017 – Nigerian Medical Doctor, WHO Consultant With Ties To Boko Haram Ordered To Appear In Court
The Federal High Court Abuja’s Justice Binta Murtala-Nyako has ordered the Attorney-General of the Federation and the Army to produce in court a medical doctor, Mohammed Mari Abba, who was accused of having a link with Boko Haram
The court also ordered the Army to otherwise charge him to court.
Abba, a consultant with World Health Organisation (WHO), was allegedly arrested in Yobe State in 2012.
He had asked the court to declare his arrest and detention since 2012 without a valid court order as illegal and unlawful, grossly unconstitutional and a grave infringement on his fundamental rights to personal liberty.
He asked the court to award him N500 million as damages for his illegal detention.
In her ruling, Justice Nyako told the Army to show cause why she should not order that the suspect should be released unconditionally, if they fail to produce him.
Joined in the suit to enforce his fundamental rights are Attorney General of the Federation and Minister of Justice, the Federal Government, the Inspector-General of Police, the Chief of Army Staff, the Chief of Defence Staff, the Nigerian Army and the Director-General, State Security Service.
Justice Nyako held: “The first thing I wish to raise in this case is on the case of the applicant. This applicant (Abba), who is suing in person is ‘missing’?. From the applicant’s case, which is not by proxy or on his behalf , is rather puzzling to me. The applicant, according to his wife, who deposed to the affidavit in support of the application is being kept by the respondent in an undisclosed place and his whereabouts are unknown.
“However curiously, I have come across a process in the file dated 10/06/16 on behalf of the 1st, 2nd, 3rd and 5th respondents (AGF, FG, IGP, CDS), which claimed that the applicant has been charged in suit number FHC/ABJ/CR/138/2015.
“If this is correct, then, it will be safe to assume the 1st, 2n?d, 3rd and 5th respondents have an idea where the applicant may be.
“I hereby order the 1st, 2n?d, 3rd and 5th respondents to produce the applicant before the court within 60 days? or charge him to court. On the alternative, they should show cause why I should not order them to release the applicant unconditionally.”