A medical doctor and a World Health Organization (WHO) consultant, Mohammed Mariana has sued the federal government, challenging his arrest and detention since October 22, 2012 by security operatives in Yobe state.
In the suit instituted by his counsel, Jibril Okutepa , Abba who is a medical doctor in Yobe state is praying the federal high court in Abuja to declare his four year detention as unlawful and infringement on his fundamental human rights to personal liberty.
In the originating summon, the medical doctor also asked the court to declare that his continued detention in an unknown location and without any lawful court order constituted torture and degrading treatment and as such the action is in breach of section 33, 34 of the Constitution.
He also prayed for a court order to produce him before the court and give reason why he should not be granted unconditional release. An order of perpetual injunction restraining the defendants in the case from further arresting and detaining him with any alleged offence that may be fabricated by the defendants.
The detained medical doctor however seeks award of N500million as compensatory damaged for his illegal detention.
In a 16 paragraph affidavit the plaintiff was said to be coming from a World Health Organisation (WHO) programme at Mangers local government, in Yobe state on October 22, 2012 when he was allegedly arrested by a combined team of army and police personnel.
In the affidavit deposed to by the plaintiff’s wife, Rahila Bashir, it was averted that upon his arrest the plaintiff explained his status to the security personnel and was set free but he forgot his lap top and cell phone in a commercial vehicle and went to logged a complaint in which he was subsequently arrested and detained since then.
When the matter came up on today, Counsel to the federal government, Osaremen Ogundiji sought for an adjournment to enable him regularise his papers. Justice Binta Nyako subsequently adjourned the case till May 18, 2016 for hearing.
