Service Chief Risks Jail Term For Alleged Contempt

A RETIRED soldier, Major Ali Abdullahi and Sergeant Abdul Wahab Yunusa have commenced contempt proceedings at an Abuja High Court, seeking to commit the Chief of Army Staff (COAS) and Lieutenant Col Femi Olorunyomi to prison for refusing to release them from detention in alleged breach of court order.
Major Abdulahi and Sergeant Yunusa (Plaintiffs) filed Form 48, which is a notice of consequence of disobedience of a court order; a pre-condition for a full hearing of a committal proceedings against the Army Chief and Col. Olorunyomi.
Besides the COAS and Olorunyomi, the Defence Minister and Attorney General of Federation and Justice Minister were also named as co-defendants.
On October 8, 2012, Justice U.A. Inyang had ordered the defendants to release unconditionally on bail the plaintiffs who were arrested on August 14, 2012 by Lt Col Olorunyomi, a member of military task force in Lokoja for alleged complicity in the killing of two soldiers in Okene on August 12.
However, the Judge’s order was not complied with, causing the Plaintiffs’ lawyer to seek further legal remedy.
The Plaintiffs had contended that although the defendants were yet to disclose the reasons for their arrest and incarceration at Mogadishu barrack in Abuja till date, security operatives have since arrested the hoodlums that killed the two soldiers.
Besides, the slain soldiers’ rifles, which were carted away after killing them have since been recovered without a trace of their involvement or in any way linked to them.
The 1st applicant averred that he has been a member of a vigilante group set up at the instance of the Police Command at Lokoja that was meant to help combat the menace of armed robbery in Ebirraland.
In the motion on notice earlier filed by plaintiffs’ lawyer, Christopher Eichie to regain their freedom, they asked the court to declare their arrest and endless detention in Mogadishu barracks guardroom illegal.
Consequently, they asked the court to make an order compelling respondents to release them unconditionally or arraign them before a competent court of jurisdiction.
They asked the court also to make an order compelling respondents to pay the sum of N100 million as compensation for their illegal detention, inhuman and debasing treatment.
Justice Inyang had granted their prayer for their unconditional release on the grounds that there were no reasons so far given for detaining the plaintiffs.
The trial judge said: “For today, I hereby grant an order releasing the two applicants to their counsel on bail, who must produce them in the court from time to time when the case of the applicants comes up before the court pending the hearing and determination of the suit of the applicants on merit.
“This is to enable applicants seek medical treatment from any hospitals of their choice locally.”