Emperor Ogbonna wants DSS boss jailed for flouting Release order
Detained Aba based legal practitioner, Emperor Gabriel Ogbonna Esq, on Monday, commenced a contempt suit against the Director-General of the Department of State Security Service, Yusuf Magaji Bichi for disobeying the order granting him bail.
Justice S. E. Osiagor of the federal high court had on the 29th of June 2020 ordered the release of the the Applicant with immediate effect.
In view of the persistent refusal, some group of Lawyers today filed application at the Federal High Court Abuja, to commit Yusuf Magaji Bichi, the Director-General of the Department of State Security Service, to prison and detain him in custody until he obeys the order of the Federal High Court, made on the 29th of June 2020, directing him to release Emperor Ogbonna immediately
In the court papers made available to BarristerNG, the applicant stated grounds upon which the application was brought as follows:
1. This honourable court in a well-considered judgment delivered on the 29th of June 2020, directed the immediate release of the Applicant Emperor Gabriel Ogbonna Esq, by the Director-General Department of State Security Service.
2. Despite the service of the judgment order on the Director-General of the DSSS, on the 2nd of July 2020, he has continued to hold and detain the Applicant, Emperor Gabriel Ogbonna Esq, in utter disregard and disobedience to the order of this honourable court.
3. The health and life of the Applicant are now in grave danger due to his lengthy incarceration and continued detention by the Director-General of the Department of State Security Service, in total disregard of the order of this honourable court made on the 29th of June 2020, and served on the Director-General of the Department of State Security Service on the 2nd of July 2020.
In the supporting affidavit to the motion on notice which was also served on the office of the DG DSSS, today the 3rd day of August 2020, it was stated that the Applicant applied for the enforcement of his fundamental rights before the the Federal High Court Umuahia, in Suit No: FHC/UM/CS/40/2020. That in a well-considered judgement, delivered on the 29th of June 2020, the Court, Coram, Hon. Justice S.E.Osiagor, directed the Respondents especially the 1st Respondent to release the Applicant immediately. Copies of the Judgment and enrolled judgment order of the Court were also attached therein as Exhibits 1 and 2 respectively.
The supporting affidavit further revealed that the said enrolled judgment order was served on the Respondent herein, through his office, at Umuahia, Abia State. A certified true copy of the affidavit of service, by the Bailiff of the court and acknowledged copy of the Judgment order of the Federal High Court, Umuahia, served on the Respondent by the Bailiff, were attached as Exhibits 3 and 4 respectively.
It was further stated that despite the subsisting order of the court directing the immediate release of the Applicant, the Respondent, had continued to disregard, neglect, and flagrantly disobey the order of the court, hence the application to commit him to prison.
BarristerNG gathered that the Application was filed by a coalition of lawyers from Lagos, Abuja, Umuahia and Aba, who are determined to ensure that justice is not only done, but seen to have been deservedly done in this case.
Recall that Emperor Gabriel Ogbonna, an Aba, based lawyer, has been in the detention of the Department of State Security Service, since the 28th of April 2020. Despite the judgment of the Federal High Court, over a month now, directing his immediate release, the DG DSSS, has continued to disobey the order of the court by his continued detention of the lawyer.