Musa was arrested about 88 days ago by operatives of the Force Criminal Investigation Department for rendering service to his client and acting in his professional capacity.
The Nigeria Police Force has refused to release a lawyer, Shamsuddeen Musa despite a court order from the Federal Capital Territory High Court.
Musa was arrested about 88 days ago by operatives of the Force Criminal Investigation Department for rendering service to his client and acting in his professional capacity.
After failed efforts to get him released on bail, he approached a High Court of FCT on 25/07/2022 in Suit No. FCT/HC/CV/2443/2022 Motion No. M/9380/2022, where he sought an order to enforce their fundamental rights to life, liberty and dignity.
The judge subsequently directed the police to stay all actions and release the lawyer, having been granted bail by the court.
However, despite the order, Musa is still in detention.
Another lawyer, Abu Ruqayyah berated the police authorities for flouting and ignoring the court order.
She called on the Nigerian Bar Association leadership to intervene.
Ruqayyah said, “I wish to draw the attention of Olumide Akpata (President NBA), the Chairman NBA Kano Branch and the Nigerian lawyers to the long and illegal detention of one of us in person of Shamsuddeen Musa (aka KAINUWA) by the Nigeria Police Authorities (FCIID Area 10 Garki Abuja) for over 88 days for rendering service to his client and acting in his professional capacity.
“In the Enforcement of his Fundamental Rights suit, the High Court of FCT on 25/07/2022 in Suit No. FCT/HC/CV/2443/2022 Motion No. M/9380/2022 Between Shamsuddeen Musa vs. IGP & 9Ors before his lordship, Hon. Justice Eleojo Enenche (Vacation Judge 3), the court made order directing the Nigeria Police (Respondents in the matter) to grand bail to Mr. Shamsuddeen Musa (Applicant). All the Respondents were duly served with Order of Court.
“However, the DIG FCIID Mr. Johnson Babatunde Kokumo and other Respondents ignored the order of court and refused to release Kainuwa on bail. It is very unfortunate to see that the Nigeria Police has no more regards or respect to the fundamental rights of Nigeria Citizen and Nigeria Criminal administration of justice.
“Even in the presence of lawful and subsisting Order of Court, the DIG FCIID Area 10 continue to detain a lawyer (Kainuwa) unlawfully. Assuming but not conceding that the "purported allegation" is true, does this by any stretch of imagination empower him or others any right to detain a citizen for such length of time, thereby depriving him the constitutionally guaranteed rights of freedom of movement, rights of the dignity of person and right of fair trial within a reasonable time as provided under 1999 constitution? The answer is NO.
“What is Shamsuddeen Musa (Kainuwa) offence? The answer is simple. That he prepared a Deed of Assignment (legal instrument) for his Client in respect to a sale transaction and the Police are investigating the money used to purchase the property. That his client is alleged to have obtained the money by fraud and he knew it.
“Mr. Shamsuddeen Musa (Kainuwa) is innocent beyond iota of doubt. He only acted in his professional capacity. The law does not require a legal practitioner to enquire about the source of the money from which he is paid his legal services. Also, that a legal practitioner is entitled to his fees. See, GUARANTY TRUST BANK PLC & ANOR VS. UDOKA ANYANWU ESQ, (2011) LPELR – 4220 (CA).
“Also, the court in FRN vs. Chief Mike Ozekhome (SAN) held that: ‘No doubt a Legal Practitioner is entitled to his fees for professional services rendered and such fees cannot be rightly labeled as proceeds of crime. Further, it is not a requirement of the law that a legal practitioner would go into inquiry before receiving his fees from his client, to find out the source of the fund from which he would be paid.’
“The primary duty of the Nigeria Police Force is to protect the lives and property of the citizen, but what we are seeing now is the opposite. Our security agencies have become a big embarrassment to us a nation, especially when it comes to abuse of human rights.
“Consequent upon the above, I wish to stress that the Nigeria Police Authorities have committed 3 fundamental abuses: a) abuse of Shamsuddeen Musa fundamental rights, b) abuse of the administration of justice system (contempt of court and c) abuse of the Federal Republic of Nigeria 1999 Constitution.
“On this, we wish to call on Mr. Olumide Akpata President of the NBA to urgently intervene in this matter and speak against the unlawfully detention of a lawyer Shamsuddeen Musa who is presently in the custody of the Nigeria Police FCIID Area 10 Garki Abuja, even in the face of court order to release him on bail.
“We shall continue to pursue the enforcement of fundamental rights suits against the IGP, DIG FCIID and 7others to its final determination. And if judgement is delivered in our favour, we shall enforce it personally against the Respondents. Finally, Shamsuddeen Musa (Kainuwa) was my senior in the Faculty of Law, Bayero University, Kano. Insha Allah, we will get justice for him in this matter.”