Court permits SSS to keep Boko Haram suspect in custody

A separate court had permitted the SSS to keep the suspect for 45 days.
An Abuja High Court, sitting in Wuse Zone 2 on Thursday permitted the Department of State Security Service (SSS) to keep an alleged Boko Haram suspect, Mohammed Yunus, in custody pending conclusion of investigation.
Justice Valentine Ashi gave the SSS permission after the latter’s counsel, Ahmed Musa, showed the court an order granted his client by a Federal High Court (FHC) in Abuja on November 25, allowing it to keep him in custody for 45 days.
“I have listened to the submissions of both counsels. I have taken it into consideration.
“The main function of bail is to allow the accused prepare for his trial, bail is also a tool designed for the proper management of the constitution, denial of it is also an abuse of due process but I cannot overrule the order of FHC.
“It is not within my power to make any pronouncements on that order, only the Supreme Court can rule on that, I consider it as inappropriate and therefore I refrain,” Mr. Ashi said.
Mr. Ashi, however, granted the suspect’s counsel, Hassan Liman’s prayer for medical attention for his client and for his family to have access to him.
The judge ordered both counsels to work out modalities for their prayers and to agree on when they will come back to court.
He said that hearing notices would be issued after the two counsels agree on the adjourned date.
Earlier, Mr. Liman had prayed the court to grant his client bail citing sections 35 and 36 of the 1999 Constitution to back his application.
Mr. Liman also tendered a nine paragraph application to back up his prayer, adding that continually detaining of the applicant “is an abuse of human right’’.
He therefore prayed the court to grant his client bail in liberal terms. Counsel to the respondent (SSS), Mr. Musa, objected and prayed the court to refuse the bail application, saying that if granted bail, the suspect might jeopardise investigation.
He also told the court that there was a Federal High Court order which empowered the SSS to detain the applicant for 45 days in order for the SSS to carry out their investigation.
According to Mr. Musa, granting the applicant bail will contravene the provision of Section 27(1) of the Terrorism Amendment Act of the 2013.
(NAN)