Olisa Metuh, the National Publicity Secretary of the Peoples Democratic Party (PDP), has filed an application before the Federal High Court in Lagos seeking his immediate release from Economic and Financial Crimes Commission (EFCC) custody.
He sued the EFCC and the Attorney-General of the Federation (AGF), contending that under section 35 of the 1999 Constitution, the commission has exceeded the maximum time allowed by law for a citizen to be detained without trial.
Metuh was on January 5, 2016 been taken into custody by the antigraft agency for allegedly receiving N1.4 billion from the $2.1bn arms funds allegedly diverted by a former National Security Adviser, Col. Sambo Dasuki (retd.).
The PDP spokesperson had reportedly claimed that the sum was for an undisclosed service he rendered to former President Goodluck Jonathan.
In an application filed through activist-lawyer, Ebun-Olu Adegboruwa, Metuh said his continued detention without charge is illegal.
The PDP spokesman was arrested by EFCC operatives on January 5 in his Abuja home and has since been in custody.
Adegboruwa, in the suit numbered FHC/L/CS/21/2016, alleged that Metuh’s family, lawyers and doctors were denied access to him.
Metuh is seeking a declaration that the respondents are not entitled to arrest, detain or restrict his liberty without charge in flagrant violation of his fundamental rights guaranteed under sections 35, 38, 40 and 41 of the 1999 Constitution and Articles 4, 5, 6, 9, 12 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 2004.
He sought a declaration that his arrest on January 5 constitutes a flagrant violation of his fundamental rights and is ultra vires, null and void and unconstitutional.
