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Kaduna Court Rejects Kaduna Boko Haram Suspect Bail

February 3, 2012

A Federal High Court sitting in Kaduna yesterday rejected the bail suit brought by an alleged supporter of Boko Haram Nuhu Marafa and his son, Musa in whose compound arms, ammunition and other military prohibited firearms and accruements.

A Federal High Court sitting in Kaduna yesterday rejected the bail suit brought by an alleged supporter of Boko Haram Nuhu Marafa and his son, Musa in whose compound arms, ammunition and other military prohibited firearms and accruements.

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Justice Lucia Ojukwu ruled that bail application would not be entertained because the court was yet to hear the motion on notice demanding the enforcement of the applicants’ fundamental human rights. The suspect, 54, and his son Musa are currently in custody at the 1 Division of the Nigerian Army, Kaduna for alleged gunrunning and relationship with a yet-to-be named terrorist organization, while Yusuf, his second son, now at large was declared wanted for alleged illegal possession of arm and firing at the troops during the operation for the arrest of his father and other brother.

Bello Ibrahim, who is the suspects counsel, in the suit no. FHC/KD/CS/5/2012, had filed a bail application with the court seeking Marafa and Musa’s release from detention.

The motion joined Nigerian Army, the Chief of Army Staff, the General Officer Commanding 1 Division, Nigerian Army, Kaduna and the Attorney General of the Federation as first, second, third and fourth respondents, respectively.

“in accordance with sections 34, 35, 37 and 46 of the Constitution of Nigeria 1999 as amended as well as articles II, IV, V, VII (1and 2) of the African Charter of Human and People's Rights Act and United Nations Declaration on Human Rights.”

“They unlawfully marched armed troops and entered the homes of the applicant at No. K15 Mutawalle Road, Sabon Garin Nasarawa, Tirkania, Chikun local government area and seized him on Saturday, 12: 50 a.m. without any just cause in violation of his constitutional guaranteed fundamental Human Rights.”

Nigerian Army lawyer, Biola Oyebanji however applied for the matter to be adjourned to allow him respond to the motion. Oyebanji told the court that his clients were only served on January 28, while he received the notice two days after, stressing that the time was too short for him to answer. TheJudge, Justice Ojukwu granted Oyebanji's request and adjourned the matter to February 8th, 2012.
 

 

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