The National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, on Monday filed a fundamental rights enforcement suit before a Federal High Court in Lagos, seeking his immediate release from custody.
Metuh was taken into custody by the Economic and Financial Crimes Commission on January 5 for questioning for allegedly benefiting from the $2.1bn arms funds allegedly diverted by a former National Security Adviser, Sambo Dasuki.
The EFCC believes Metuh received N400m of the allegedly diverted fund, but the PDP spokesperson had reportedly claimed that the sum was for an undisclosed service he rendered to former President Goodluck Jonathan.
On Monday Metuh claimed in the suit he filed through his lawyer, Ebun-Olu Adegboruwa, that his arrest was part of the plan of the ruling All Progressives Congress to silence the opposition and make Nigeria a one-party state.
Adegboruwa, who personally deposed to an affidavit of urgency in support of Metuh’s suit, averred that since his swearing-in in May last year, President Muhammadu Buhari had launched “a massive attack upon the opposition Peoples Democratic Party in the guise of fighting a nebulous anti-corruption war.”
The lawyer, who noted his role in the enthronement of democratic rule in Nigeria, including his prosecution and detention for over six months by the military junta, claimed that Buhari had upon taking office reorganised the EFCC to hound the opposition.
Metuh, through Adegboruwa, sought a declaration that his detention by the EFCC without access to his family and lawyer, and without being charged to court, amount to a violation of his fundamental rights guaranteed under sections 33, 34, 35, 38, 40, 41, 42, 43 and 44 of the Constitution.
Adegboruwa argued that Metuh’s detention also breached the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004.
He expressed fears that Metuh was being kept under untidy or unhygienic conditions, which might affect his health.
Adegboruwa added, “I verily believe that the applicant has not committed any offence other than his principled opposition to the ruling government and his arrest and detention are meant to silence the opposition and create a one-party state by the respondents to allow the APC to dominate Nigeria.
“Nobody knows the whereabouts of the applicant (as to his exact place of detention), his condition in the custody and how he is faring. Recently, detainees in the custody of the 1st respondent have been dying due to a lack of proper care and adequate medical facilities, as the 1st respondent is not normally well-funded to function effectively, except to be used by the ruling government to hound the opposition.”
He urged the court to order the EFCC and the Attorney General of the Federation, Abubakar Malami (SAN), sued as the 2nd defendant, to immediately release Metuh.
The suit has yet to be assigned to any judge and a hearing date has yet to be fixed.
Meanwhile, the PDP has decried the continued detention of Metuh by the EFCC.
According to the News Agency of Nigeria, this is contained in a statement signed by the PDP National Legal Adviser, Mr. Victor Kwon, in Abuja on Sunday.
The statement decried the release of Jafaru Isa, who is a prominent member of the APC, eight hours after he was arrested by the EFCC.
The statement said these developments were unjustifiable.
It said, “Such an action has vindicated the PDP’s position that the Federal Government is not fighting corruption but on a clampdown mission on PDP leaders.’’
It stated that Metuh, arrested without invitation by the anti-graft agency, had remained incarcerated since Tuesday while Isa was quickly released “after the EFCC boss’ meeting at the Presidential villa.”
It stated, “The action of the EFCC in freeing Isa and still detaining Metuh is condemnable, as the two of them were being investigated over same allegation of receiving funds from the Office of the National Security Adviser.
“This clearly shows that the APC government is not fighting corruption but using the much-hyped crusade as a cover to persecute PDP leaders and decimate the opposition, a project the EFCC has clearly yielded itself to as a willing tool.”
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