A Federal High Court sitting in Lagos, has ordered the National Drug Law Enforcement Agency (NDLEA) to produce in court, a Nigerian businessman, Alhaji Abdulwaheed Abdulraheem, allegedly detained unlawfully by the agency.
Justice Daniel Osiagor gave the order sequel to a motion filed and argued by the counsel to the applicant, Mr Adebayo Onifade, who told the court that the businessman has been in NDLEA custody since October 18.
Onifade said that the motion before the court is pursuant to section 46 of the 1999 constitution of the Federal Republic Of Nigeria, Order II Rule 1, 2 and 3 of the fundamental Rights Enforcement Procedures, Article 5, 6 and 12 of the Charter On Human And Peoples Rights (Ratification And Enforcement Act) Cap. 10 Laws Of The Federation Of Nigeria 1990 (4) and under the court's inherent jurisdiction.
The detained businessman also prayed the court to declare that his arrest and detention since October 18 without charge is unlawful, unconstitutional, null and void, and that the court should order his immediate release from the NDLEA custody.
Abdulraheem, who is said to be the Managing Director of Kaother Abdussalam Hasan Establishment Limited in the suit marked FHC/L/CS//2023 and Consultant to Lagos, Ogun, Osun, Ondo and Ekiti States on Umrah and Hajj Operations, listed the grounds upon which the reliefs are based.
"The arrest and detention of the Applicant since the 18 day of October, 2023 without charge is unlawful, unconstitutional null and void.
"The Applicant has not committed any offence. He does not deal in illicit drugs and was not found in possession of any illicit drugs or substances.
"The Applicant is being detained pending when one of his customers by name Ayo Felicia who requested and used the Applicant's services to secure visa, accommodation and travel arrangements of three women who were arrested in Saudi Arabia with suspected hard drugs, is apprehended and arrested.
"The Applicant is an accredited and International Agent and Consultant involved in the procurement of visas, accommodation and travel arrangements of intending pilgrims for Umrah and Hajj Operation."
In an affidavit in support of the suit deposed to by his wife, Raheema Abdulraheem, she stated that the applicant is an accredited and International Agent and Consultant involved in the procurement of visas, accommodation and travel arrangements of intending pilgrims for Umrah and Hajj Operation.
Raheema stated that in the course of the recent Umrah and Hajj Pilgrimage, the applicant had about 88 pilgrims for which he was responsible for their visa procurement, accommodation and travel arrangements.
And that of these 88 pilgrims, 10 pilgrims left from the United States of America for the Umrah and Hajj, three Pilgrims left from Canada, Two from the United Kingdom and the remaining 73 pilgrims from Nigeria departed from the Murtala Mohammed International Airport Lagos and the Nnamdi Azikwe International Airport, Abuja.
She further stated that the Applicant was arrested at his office Shop No. A79 NAF Shopping Mall, Local/International Airport Road, Ikeja, Lagos on October 18 in the presence of his driver and Personal Assistant.
And that upon his arrest, his premises was searched and nothing incriminating was found on him however his Toyota Highlander Vehicle, Samsung fold Phone, Iphone, office documents, an old passport, wristwatch, bag and $2000 were taken away by the NDLEA agents.
According to her, a search was further conducted in the house of the applicant in the night around 1.30a.m., however nothing incriminating nor any illicit drugs were recovered, adding that when she visited him in NDLEA custody on November 16, he informed her that he was subjected to interrogations and asked to explain how three of the Pilgrims under his custody came about substances suspected to be hard drugs at Saudi Arabia, and that he wrote a statement in the presence of one of his Counsel shortly after his arrest.
She said that it will be in the interest of justice if this application is granted and the respondent would not be prejudiced by the grant of this application.
The applicant in a further affidavit in support of his application, deposed to by his Personal Assistant, Ibrahim Hassan Omoidunnu, also stated that he visited the Applicant in NDLEA custody at NAHCO on the November 21, where “he informed me and I verily believe him that the applicant and himself were arrested in the applicant's office on the 18th October, 2023 by operation of the respondent, but he was bailed out by Mrs Raheema Abdulraheem on the October 21, 2023.