Court Orders Release Of Naval Officer, Declares Detention Unlawful
Justice Chuka Obiozor of the Federal High Court in Lagos on Wednesday ordered the immediate release of Captain Dada Labinjo who was said to have been in the custody of the Nigerian Navy since September 13, 2018 without trial.
Justice Obiozor, who made the order after entertaining a fundamental human rights enforcement suit initiated against the Nigerian Navy, condemned what he described as the growing culture of official impunity in the country.
The judge held that the Navy has acted in breach of Labinjo’s fundamental human rights as enshrined in the constitution of Federal republic of Nigeria.
He also ordered the release of Labinjo’s phones which were seized from him by the military.
Justice Chuka Obiozor maintained that the prolonged incarceration of the detainee cannot be justified under the Constitution of the Federal Republic of Nigeria, 1999 as amended or the Armed Forces Act.
He therefore directed that Captain Labinjo should be released from custody or arraigned before a competent court of law if there is reasonable suspicion that he had committed any criminal offence whatsoever.
The further noted, “however, to curb the growing culture of official impunity in the country we are compelled to call on the Attorney-General of the Federation and Minister of Justice to charge the naval personnel responsible for the violations of the fundamental rights of the detainees with contempt of court and acts of torture under the Criminal Code Act and the Anti -Torture Act.