A human rights activist and former Chairman of the Nigerian Bar Association (NBA), Makurdi Branch, Mr. Justin Gbagir has urged the Federal High Court sitting in Makurdi, Benue State to order release of two persons detained by the Nigerian Army since August following attack by suspected bandits on Ujaga Village.

In a motion ex-parte obtained by CITY LAWYER and brought under the Fundamental Rights Enforcement Rules (FREP), the fiery activist prayed for “AN ORDER of this Honourable Court directing the Respondents to release the Applicants forthwith from their detention pending the determination of the motion on notice.”

The detainees are Terdoo Anatuu and Mathew Tar while the Respondents are the Nigerian Army as well as Commander, 401 Special Forces Brigade, Brig. General Al-Amin Rabiu.

In a 5-paragraph Affidavit of Urgency deposed to by one Alfred Gbagir, a Litigation Secretary in the law firm of Justin A. Gbagir & Co, Legal Practitioners and Consultants, the deponent stated as follows:

“That on the 5th November, 2024, between the hours of 11:00am to 1:00pm in the law office of Justin A. Gbagir & Co, located at No. 1 Iorkyaa Ako Street, High-Level, Makurdi, Benue State, one Mr. Clifford Terver Katyo accompanied by some elders and youths of Mbashagba Community, Abako, Mbatyough, Mbaajir Council Ward, Katsina-Ala Local Government, Benue State informed Justin A. Gbagir, Esq. one of the counsels in Chambers in my presence and I verily believe him to be true as follows:

a) That he is the President of Mbashagba Progressive Congress, Abako, Mbatyough, Mbaajir Council Ward, Katsina-Ala Local Government, Benue State where the both Applicants are from.
b) That on the 11th August, 2024, the men of the 1st Respondent, under the command of the 2nd Respondent arrested the Applicants alongside the following persons:
i. Francis Iortom
ii. Isaac Abe
iii. Tertsegha Teryem
iv. Terry Waapera
c) That while the others were released after several weeks in detention and custody of the Respondents, the Respondents have kept the Applicants in detention till date.
d) That on the night of 10th August, 2024 Terrorist or Bandits attacked Ujaga Village, in Mbatyough, Mbajir Council Ward, Katsina Ala Local Government killing two (2) persons and destroyed houses and other properties worth millions of Naira.
e) That when men of the 1st Respondent under the command of the 2nd Respondent arrived Abako Community on the 11th August, 2024, they requested the 1st Applicant to lead them to Ujaga Village where the attack by the terrorist or bandit took place the previous night.
f) That it was on their way to Ujaga Village that men of the 1st Respondent arrested and tied the Applicants with the four (4) others and took them away.

That Justin A. Gbagir, Esq, counsel to the Applicants also informed me in chambers at No. 1 Iorkyaa Ako Street, High-Level, Makurdi, Benue State, and I verily believe him to be true as follows:
a) That upon the brief and instructions from Mr. Clifford Terver Katyo on behalf of elders and youths of Abako Community he held two (2) meetings with the 2nd Respondent to facilitate the release of the Applicants to no avail.
b) That the first meeting with the 2nd Respondent was held on the 25th September, 2024 at the Headquarters of 401 Special Forces Brigade, Joe Akaahan Cantonment, Makurdi, Benue State.
c) That during the meeting with the 2nd Respondent, he stated that the Applicants were been held in custody for alleged gun-running.
d) That the second meeting with the 2nd Respondent was held on the 30th October, 2024 wherein the 2nd Respondent insisted they will not release the Applicants on the ground that they were yet to complete investigation.
e) That he wrote a letter to the 2nd Respondent demanding that the Applicants be released or charged to court else redress will be sort in court. The said letter is attached as EXHIBIT JAG1.
f) That upon receipt of Exhibit JAG1, the 2nd Respondent replied and requested that he should redirect his letter to Defence Headquarters and also reiterated that investigation was still in progress. The said letter is attached as Exhibit JAG2.
g) That from 11th August, 2024 till date is over three months since the arrest and detention of the Applicants.
h) That the Respondents have refused to hand-over the Applicants to the Police for investigation and prosecution.
i) That the Applicant have been denied access to their lawyers and their families since arrest and detention on the 11th August, 2024.
j) That if this Honourable Court will not intervene to restore the Applicants liberty, the Respondents will continue to detain the Applicants under the guise of investigation.
k) That the liberty and lives of the Applicants is at stake as no one knows the conditions the Applicants are faring in the custody of the Respondents.
l) That the families and relations of the Applicants are afraid for their lives.
m) That waiting to hear this application on notice may occasion untold hardship on the Applicants who the Respondents have denied anyone access to since their arrest on the 11th August, 2024.
n) That the Applicants have also filed a motion on notice in this suit.”

It was unclear at press time whether the court has decided on the matter.

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