The bewildered family members of Yaganami couldn’t fathom the reason for the soldiers’ arrival or his subsequent arrest. The matter would later be taken to court, where the presiding judge ordered that Yaganami be released.
But till date, Yaganimi’s family members are yet to catch a glimpse of him. As the family demanded for the release of their bread winner, it was heard that the Department of State Services (DSS) had taken over the case from JTF.
It was further gathered that Yaganimi’s travails might be the machination of a former governor, who had threatened to deal with the businessman after they had a fall out. But as of today, the Nigerian Army and the DSS are now playing blame game with the whereabouts of Yaganami. Both denied his being in their custody. While the army insisted that Yaganami was with the DSS, DSS had angrily retorted that the man was in the custody of the army, at the Giwa Barracks, Maiduguri. As the blame game rages on, Yaganami’s family has contracted a lawyer, Mohammed Adamu, a human rights activist, to pursue the case to its logical conclusion.
Adamu has waded into the battle and has vowed to leave no stone unturned to see that Yaganami was reunited with his desperate and worried family. Adamu, filled with anger, described Yaganami’s arrest as illegal, unlawful and downright unjustified. According to Adamu, since Yaganami was whisked away from his home, under the glare of his family, no charges had been brought against him. Narrating the genesis of Yanagami’s arrest, Adamu said that his client is a businessman and bread winner of his family and extended family members. The activist, who is close to Yaganami family, stressed that since he knew Yaganami, the man had never been involved in any shady business.
The lawyer recalled that on the fateful day that the soldiers stormed Yaganami’s home, the man was not at home. The soldiers ordered all members of the household to assemble outside. The soldiers allegedly cocked and pointed their rifles at the petrified family members and commenced seizing their phones. Adamu further said: “When the team of soldiers got to Yaganami’s residence, without any information, the soldiers demanded to know the whereabouts of Yaganami. The soldiers said they would shoot the two male children found in the compound if there was any attempt to run. None of the kids, being law abiding citizens, attempted to run.
I see no reason for such threat to shoot them. The threat is unwarranted and uncalled for!” Buttressing his argument that Yaganami is a lawful and law abiding citizen, Adamu said that on the day the soldiers came, Yaganami was away on a business trip to the State Police Command Headquarters, Maiduguri, but on receiving the message via phone that soldiers were looking for him, he quickly rushed home. Adamu said: “Yaganami rushed home because he knew he had no skeleton in his cupboard.
The soldiers arrested and drove off with him to an unknown destination in his car. The news got to me and other family members that Yaganami had been detained at the Giwa Barracks, Maiduguri without access to his medical doctor, family or legal practitioner. His two bank accounts were put on hold from performing any transactions and the money in them taken away without lawful justification or order of any court of competent jurisdiction.”
According to Adamu, the Armed Forces Act, National Security Agencies Act or any Act, had not empowered the soldiers to arrest, detain and confiscate personal belongings of Yaganami. The lawyer noted that the incarceration of Yaganami for more than two years and nine months without any reason is clearly illegal and unconstitutional. He noted that such acts were gross violation of Yaganami’s fundamental rights. Adamu said that the two phones of Yaganami were seized by the soldiers and his vehicle also taken away.
“It is unfair and against the doctrine of fair hearing, equity and natural justice for the soldiers, belonging to the Joint Task Force (JTF), not to allow Yaganami access to his personal doctor and legal practitioner,” fumed Adamu.
The matter of Yaganami’s arrest was heard at the Federal High Court, Maiduguri, where Adamu prayed the court to declare that the arrest and continual detention of Yaganami, without just cause was illegal and unconstitutional as it contravenes the provisions of the Nigerian 1999 Constitution (As amended), as contained in Sections 33, 34, 35, 36, 37, 41 and 46 of the Constitution of the Federal Republic of Nigeria (As amended), the Armed Forces respectively.
The activist also wanted the court to restrain soldiers from harassing his client for no just cause or based on an unproven allegation except through the due process of the law. He further prayed the court to order the production of Yaganami before the court or unconditionally release him from the soldiers’ custody in the interest of justice, thereby allowing him access to his legal practitioner. Adamu demanded for general and
compensatory or exemplary damages for the unconstitutional acts of the soldiers in the sum of N3 billion, against the Attorney General of the Federation and Minister of Justice, Honourable Minister for Defence, Chief of Army Staff and the Sector Commander, JTF, Maiduguri. Aside from the compensation, Adamu insisted that Yaganami’s seized items, which are still in the possession of the soldiers, should be returned, including his money and his phones.
On the day that the judge delivered a judgement concerning the case, both parties and their counsel were in court, except Yaganami. The judge ordered for the release of Yaganami, having satisfied all the condition for his release and equally signed and issued a release warrant since July, 10, 2014 when the judgement was delivered.
Adamu said that now the soldiers have refused doing the needful, raising questions on issues of human rights violation and refusal to obey court orders. The lawyer is praying the President and Chief of Army Staff to intervene in the matter and ensure that justice was done.
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