A Federal High Court in Abuja, on Friday, invited the Attorney General of the Federation (AGF) or any of his officers to address the court on the constitutionality of Section 27 of the Terrorism Prevention Act 2013, vis a vis Section 35 (4) and (7) of the 1999 Constitution.
The invitation was premised on the enforcement of fundamental rights suit filed by the alleged mastermind of the April 14, Nyanya bomb blast, Aminu Sadiq Ogwuche, challenging his arrest and continual detention by the State Security Service (SSS).
Ogwuche, who is currently in the custody of the SSS, was alleged to be the mastermind of the Nyanya bomb blast where over 75 people were kiiled.
The court had earlierstruck out a two count criminal charge, which the police filed against Ogwuche, for lack of diligent prosecution.
Following that, Ogwuche, through his counsel, Ahmed Raji (SAN), approached the court, challenging his continual detention, adding that such is a breach of Section 35(4) of the constitution.
Responding, counsel to the SSS, Clifford Osagie, contended that the security agents did not breach any law by detaining Ogwuche.
He premised his submission on the provision of Section 27 of the Terrorism Prevention A?ct (TPA), which provides that an accused, on suspicion of having committed a capital offence can be detained for 90 days which can be renewed on expiration.
He added that the SSS had earlier obtained remand order from a Chief Magistrate’s court, Kaduna and a Federal High Court in Abuja.
Raji had earlier moved that Section 27 of the TPA be struck out for contradicting Section 35(4) of the constitution.
It was on that note that court invited the AGF, who is the Chief Law Officer of the cuntry, to bear his opinion on the issue.
The invitation was premised on the enforcement of fundamental rights suit filed by the alleged mastermind of the April 14, Nyanya bomb blast, Aminu Sadiq Ogwuche, challenging his arrest and continual detention by the State Security Service (SSS).
Ogwuche, who is currently in the custody of the SSS, was alleged to be the mastermind of the Nyanya bomb blast where over 75 people were kiiled.
The court had earlierstruck out a two count criminal charge, which the police filed against Ogwuche, for lack of diligent prosecution.
Following that, Ogwuche, through his counsel, Ahmed Raji (SAN), approached the court, challenging his continual detention, adding that such is a breach of Section 35(4) of the constitution.
Responding, counsel to the SSS, Clifford Osagie, contended that the security agents did not breach any law by detaining Ogwuche.
He premised his submission on the provision of Section 27 of the Terrorism Prevention A?ct (TPA), which provides that an accused, on suspicion of having committed a capital offence can be detained for 90 days which can be renewed on expiration.
He added that the SSS had earlier obtained remand order from a Chief Magistrate’s court, Kaduna and a Federal High Court in Abuja.
Raji had earlier moved that Section 27 of the TPA be struck out for contradicting Section 35(4) of the constitution.
It was on that note that court invited the AGF, who is the Chief Law Officer of the cuntry, to bear his opinion on the issue.
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