Court Order: DSS to produce Ifeanyi Ubah on Friday

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Court Order: DSS to produce Ifeanyi Ubah on Friday

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Justice Mohammed Idris of the Federal High Court in Lagos on has ordered the Department of State Services (DSS) to make sure the Managing Director of Capital Oil and Gas Limited, Ifeanyi Ubah, appeared before him on Friday May 12, 2017.He said the order was for the DSS to show cause why Ubah should not be granted freedom without conditions. The judge gave the order upon receiving an ex parte application from Ubah on what he described as an unlawful detention by the DSS, having been in detention since May 5. The lawyer then prayed the judge to direct the DSS to release Ubah so as to avoid a situation where the security agency would coerce him into acceding to “whatever conditions they impose on him in exchange for his freedom.” The DSS had maintained that the business mogul is being detained over his alleged involvement in actions that are clearly unfriendly to national security.Spokesperson of the DSS, Tony Opuiyo, had argued that Ubah allegedly stole, diverted and illegally sold petroleum products stored in his tank farm by the Nigeria National Petroleum Corporation (NNPC). The DSS insisted that the cost of the oil is N11billion.Opuiyo added that such acts were impacting negatively on the national economy. “In line with the statutory mandate of the DSS to investigate economic crimes of national security dimension, the service, on May 5,  2017, arrested Ubah, “The arrest was sequel to Ubah’s engagement in acts of economic sabotage which include stealing, diversion and illegal sale of petroleum products stored in his tank farm by the NNPC.“So far, it has been established that the products stolen amounted to over N11billion. “There is no doubt that Ubah’s acts have the capacity to negatively impact on national economy,” the DSS stated. Meanwhile, Capital Oil and Gas Limited has alleged that the NNPC is indebted to it to the tune of over N16 billion and accused the DSS of attempt to criminalise a commercial dispute between the company and the corporation.According to a statement issued yesterday, the company described the confinement of Ubah, by the DSS as “unlawful, a disregard for the rule of law and a breach of Ubah’s fundamental right to liberty, freedom of movement and association.”The company also described the allegation of economic sabotage levelled against Ubah by the DSS as false, insisting that NNPC is indebted to it to the tune of over N16 billion.According to the statement by the company, an invitation was extended to Ubah on March 24, 2017, which he honoured as a law-abiding citizen, only to be detained in DSS offices in Abuja for almost a month.“During that period a Fundamental Rights Enforcement Application was brought on behalf of Ubah at the Federal High Court Lagos as Suit No. FHC/L/C/487/2017.  Although an order was made for his production in court in that action, rather than obey the order, DSS officers, using a combination of coercion and cajoling, constrained him to discontinue that action upon an understanding that he would be immediately released. He was not released until over two weeks after he had complied and completely discontinued that action,” the company explained.Still speaking, the company said that upon Ubah’s release on April 13, 2017, it was discovered that during his incarceration, he had been coerced into executing various documents committing the company to make certain payments and pledge some assets to NNPC Retail Limited. According to the company, Ubah was also made to execute a document in favour of the Asset Management Corporation of Nigeria (AMCON).“As soon as his doctors permitted access to him, an action was brought at the Lagos Division of the Federal High Court seeking, inter alia, an order to restrain DSS and others from further inviting, arresting or threatening to arrest or detain him in regard to the NNPC/NNPC Retail Limited matters.The processes originating the new action filed as Suit No. FHC/L/CS/644/2017, were served on the DSS on the 28th of April 2017,” the company said.Ubah’s lawyers were said to have written to the DSS pointing out that any preemption of the judicial intervention during the pendency of the new action was totally irregular, constituting a disregard of the rule of law, the constitutional guarantees of separation of powers and breach of the doctrine of Lis Pendens. “Rather than respect its constitutional and statutory limits the DSS has brazenly abducted Ubah and commenced a media blitz to justify their illegality.“On economic sabotage, it is unimaginable that a company which has stood by NNPC and by extension the country at very critical petroleum supply crises can now be accused of engaging in activities to undermine the effective distribution of petroleum products across the country having thwarted a nationwide industrial action called by oil marketers during the epic inauguration of President Muhammadu Buhari,” Ubah’s lawyers explained. 

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