A Nigerian businessman, Alhaji Bukar Yaganani, has commenced committal proceedings against the Attorney General of the Federation and the Minister for Defence for allegedly disobeying the order of a Federal High Court directing them to release him from alleged illegal detention.

What led to the committal proceedings started sometime in January, 2014 when a legal practitioner, Barrister Adamu Muhammed filed an enforcement of the fundamental right suit before a Federal High Court in Maiduguri, Borno State on behalf of Alhaji Bukar Yaganani for allegedly detaining him illegally.

In an affidavit sworn to by his cousin, Alhaji Yaganani alleged that on Saturday, 19th of January, 2014 around 2.30pm, a team of about 30 soldiers stormed his residential house, ordering all members of his household to assemble outside and seizing their telephones while threatening them with their riffles. He said he was arrested and has been detained at Giwa Barracks, Maiduguri, for no just cause without access to his medical doctor, family members and legal practitioner.

In his response, the minister for defence averred that they had gone through their records and archives, and no such operation was authorised or carried out by officers or agents of the Ministry of Defence.

However, the presiding judge, M. T. Salihu, said he did not believe the defendant as his affidavit failed to supply the particulars of men and officers referred to.

He said the particulars are vague and speculative, adding that the affidavit of the respondents is not credible for failing to exhibit evidence of the record they went through which revealed to them that its men and officers did not carry out the said operation so as to equip the court to believe them.

He said, “The soldiers that busted into the applicant’s house must have seized the phones of the applicant’s household to make sure that photographs were not taken.

“Consequently, from the evidence before the court, I am bound to find that the detention of the applicant over a period of a year and a half is not supported by the constitution. Indeed, it is unconstitutional.

“In the light of the foregoing, the applicant shall be released conditionally to ensure he appears before the court for trial in case it turns out to have a case against him. Accordingly, the arrest and continued detention of the applicant, Alhaji Bukar Yaganani by the respondents without just cause is illegal and unconstitutional as it contravenes the provisions of the Nigerian constitution.

“Consequently, the applicant is conditionally released on bail in the sum of N2million and one surety in like sum; the surety who shall be resident within the jurisdiction of the court must also be a landed property owner worth not less than N3million.”

However, the respondents have failed to obey the order of the court made since 10th of July, 2014, thereby necessitating the commencement of this committal proceedings against them.