In defiance to a court order, the Nigerian Army authorities are holding in their custody in Abuja, 15 businessmen who deal in cattle, The Bureau Newspaper has learnt.
The military has also reportedly seized over N88million and 341 heads of cattle belonging to the cattle dealers.
The Bureau Newspaper gathered that 12 of the men were arrested at a military checkpoint in the afternoon on May 17, 2024 on their way to purchase cows in some communities in Borno State, according to their lawyer, Barr Abdulwahab Aliyu.
Their only offence, The Bureau Newspaper learnt, was being in possession of large sums of cash on a broad daylight in the highway (Federal road), specifically between Buratai and Mirngha, in the Biu Local Government Area of Borno state.
“Twelve of my clients travelling in two vehicles along Buratai and Mirngha Federal Highway, were first stopped at a Civilian Joint Task Force (JTF) checkpoint. They were searched and no incriminating item was found on them, except the sum of N88,737,200.
“They (JTF) demanded for money, gratification, (but) they (my clients) refused, so when they moved a little further to another checkpoint, I think they (JTF) alerted that checkpoint who now said it was not safe for them to move with the money.
“So they kept them in Buratai and that was how the whole thing began, later they transferred them to Sector two in Damaturu and theater command in Maiduguri.
“They were kept in a military detention without being charged or arraigned, they asked for bail and were denied. So to cut the long story short, they engaged our services and we went to court,” Barr Aliyu told The Bureau Newspaper.
Following their unlawful arrests, they were subsequently incarcerated at the Giwa barracks in Maiduguri, without being charged or arraigned.
Some of them were dehumanised, having been physically abused and brutalised during interrogation. The aim was for them to admit being part or financiers of terror groups in the country; ultimately to frustrate or compell them to abandon their money and cows, but they resisted.
After their protracted incarceration, they approached a Borno State High Court to enforce their fundamental rights, which was granted on August 6, 2024.
Barrister Aliyu added, “After a prolonged legal tussle, the judgement was given in our favour. The order of the court was that if there was any prima facie evidence against the accused persons, they should be brought to court within 7 days. But that their arrest and detention was unlawful, illegal and subsequently unconstitutional.
“So in failure to arraign them within 7 days they should be released forthwith. And the sum of N88,737,200 be released to them; and that 341 cattle be released to them; and that a damage for illegal detention against them amounting to N10 million for each of the 16 suspects. So this was the judgement of the court on the 6th of August.
“We now wrote the Nigerian Army and copied them the enrolled order of the court judgment, despite the fact the they were represented in court. We waited for 9 days, after the expiration of 7 days so we wrote them to comply with the court order. They now replied that the case has been transfered to the army headquarters and that we should channel the request to the Nigerian Army Headquarters.
“We then wrote to the court informing the court that they’re addressing the court order as a request and we copied them, because that was not a request, it was an order of the court that needs a compliance.
“Then after about 13 days, they now called us that they were going to release our clients, it was a Friday that they were going to release our clients on Monday; in fact, their Legal Adviser apologised to us. On the background we told them hope they were coming with their money and their head of cattle.
“Hearing that, there was a twist, they said they needed a clarification from the Nigerian Army Intelligence Corps, who was at that time having a conference with the Chief of Army Staff in Uyo (Akwa Ibom State). So one of their officers told us in confidence that the guy had tampered with the exhibit, the money; so he was only buying time to make up for the money.
“Seeing the whole thing was dragging unnecessarily, we now put up contempt proceedings against the Nigerian Army, particularly the theater commander and we filled the necessary form for contempt and we served them, so that he should show cause for why he is not complying with the court order. That again they ignored, they resisted and we wrote to the Attorney General of the Federation,” he said.
The lawyer further lamented that besides the money which may have been tampered with, there were reports that only 200 cows were readily available out of the 314 as at the time of his clients’ arrest and subsequent incarceration.
Therefore, the incarcerated cattle dealers are calling on the National Security Adviser, Mallam Nuhu Ribadu and President Bola Tinubu to launch an investigation into the matter.
As according to their counsel, several petitions sent to the Military high command fell on deaf ears.
When contacted on the matter, the spokesperson for the Nigerian Army, Major General Nwachukwu did not answer repeated calls made to his cell phone, just as he did not reply to a text message sent to him as of the time of going to press.
