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A federal high court in Abuja has ordered the release of Bashir Hadejia, a politician and businessman, who was reportedly arrested for alleged terrorism.
In a judgment delivered on Tuesday, Emeka Nwite, the presiding judge, described the invasion of Hadejia’s home, his arrest without a warrant, and his detention as unlawful and a breach of his fundamental human rights.
Nwite, who ordered that the applicant be released unconditionally, also ordered a perpetual injunction restraining the inspector-general of police (IGP), his agents, or servants from any unlawful arrest and detention of Hadejia.
The judge awarded a N10 million fine against the IGP.
Hadejia was reportedly arrested by the force intelligence department intelligence response team (FID-IRT) over alleged “treason and subversion against the state” in August 2024.
He was a former special adviser on special duties to Bello Matawalle, ex-governor of Zamfara.
However, in the originating motion marked: FHC/ABJ/CS/1235/2024, Hadejia, through his lawyer, Mahmud Magaji, sued the IGP, Matawalle, Department of State Services (DSS), chief of naval staff, chief of defence intelligence, Defence Intelligence Agency (DIA), and chief of defence staff as respondents in the suit.
Hadejia was seeking nine reliefs, including a declaration that his alleged abduction, harassment, intimidation, unlawful arrest, and detention on August 12, 2024, due to political disagreements with Matawalle, were illegal and unconstitutional.
He also requested his immediate and unconditional release and demanded N500 million in damages for the alleged violation of his rights.
In an affidavit by his younger brother, Abubakar, Hadejia is said to be a businessman and former special adviser on special duties to Matawalle during his tenure as Zamfara state governor.
Abubakar revealed that Hadejia currently serves as a technical adviser to Dauda Lawal, the incumbent governor of Zamfara. But the governor denied the claim.
Abubakar alleged that the arrest of his brother was politically motivated, arguing that the applicant’s home was raided without a search warrant while no inventory was made of items allegedly found.
Abubakar said when they visited the IRT-FID on August 16, 2024, they were told that though Hadejia was in their custody, he was not the subject of any investigation. A request for administrative bail was also denied.
The affidavit detailed that the political fallout between Hadejia and Matawalle began after Matawalle’s failed reelection bid in 2023 and worsened after Hadejia joined the new administration.
Abubakar accused Matawalle of orchestrating Hadejia’s detention with the help of the other respondents to tarnish his reputation and harm his political and business standing.
In separate counter-affidavits, Matawalle and the other respondents except the IGP denied the allegations, calling them baseless.
They urged the court to dismiss the suit, arguing that Hadejia failed to provide enough evidence to support his claims.
Delivering judgment, Omotosho, the judge, agreed with Matawalle’s argument that Hadejia failed to prove his allegations.
The judge found no concrete evidence linking Matawalle to Hadejia’s detention or any political disagreement. The court also found no proof that Hadejia was ever held in DSS custody.
However, the court held that the evidence presented against the IGP (1st respondent) went unchallenged.
Omotosho noted that while security agencies have the authority to investigate and prosecute, unchallenged evidence presented in court is deemed true.
“It is worthy of note that the 1st respondent did not file any process despite being served with the hearing notices and all the court documents,” he said.
