The Peoples Democratic Party (PDP) National Publicity Secretary, Olisa Metuh, has asked the Federal High Court in Lagos to order his release from Economic and Financial Crimes Commission (EFCC) custody.
In an application filed through activist-lawyer, Ebun-Olu Adegboruwa, Metuh said his continued detention without charge is illegal.
The PDP spokesman was arrested by EFCC operatives on January 5 in his Abuja home and has since been in custody.
EFCC reportedly obtained an order from a Chief Magistrate’s Court in Wuse Zone 2 to detain Metuh, who was arrested in connection with about N1.4billion “suspicious” funds in the account of a company in which he has interest.
About N400million allegedly meant for arms purchase by the Office of the National Security Adviser (ONSA) was paid into the account of Destra Investment Limited where Metuh reportedly have a high stake.
The EFCC said it sought an order to remand Metuh because some of his accomplices are at large.
Adegboruwa, in the suit numbered FHC/L/CS/21/2016, alleged that Metuh’s family, lawyers and doctors were denied access to him.
He sued the EFCC and the Attorney-General of the Federation, contending that under section 35 of the 1999 Constitution, the commission has exceeded the maximum time allowed by law for a citizen to be detained without trial.
Metuh is seeking a declaration that the respondents are not entitled to arrest, detain or restrict his liberty without charge in flagrant violation of his fundamental rights guaranteed under sections 35, 38, 40 and 41 of the 1999 Constitution and Articles 4, 5, 6, 9, 12 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 2004.
He sought a declaration that his arrest on January 5 constitutes a flagrant violation of his fundamental rights and is ultra vires, null and void and unconstitutional.