The Federal High Court sitting in Lagos has ordered that the Department of State Services (DSS) to release the Chairman of Capital Oil,Ifeanyi Ubah who has been in its custody since May 5, 2017 when he was arrested.
The presiding judge, Justice Muhammed Idris of the Lagos High Court, said the security agency has 48-hours to comply with his order.
The judge, in 100-page judgment also berated the DSS for lying that Ubah was arrested in Abuja when in actual fact, he was arrested in Lagos before he was flown to Abuja.
The billionaire had earlier been arrested and detained by DSS on Friday May 5, 2017 over allegation of not remitting N11 billion being the sum realized from the sales of petroleum products stored in his facility by the Nigerian National Petroleum Corporation (NNPC).
He was also accused of acting in a way considered inimical to the country’s security.
Justice Yusuf Halilu of FCT High Court in his ruling today held that it is only fair in the interest of justice that the DSS be allowed further time to conclude it's investigation.
The judge also earlier dismissed a motion on notice brought by Ubah asking for the court to vacate it's earlier exparte order granted on May 10 that allowed DSS to detain Ubah for 14 days.
The initial exparte order elapsed yesterday May 24 and counsel to DSS, G.O.A. Agbadua informed the court of a new motion exparte brought pursuant to Section 296(2) of the Administration of Criminal Justice Act (ACJA) asking for an order of the court to extend the detention of Ubah for a further period of 14 days.
He said this is because the DSS couldn't conclude investigation within the earlier 14 days because it was discovered the investigation took on a wider dimension.