- Court orders ‘Operation Whirl Stroke’ Commandant to charge or grant bail to detained suspects pending investigation, citing constitutional rights
- Court ruling states detainees’ rights protection, directing their appearance in court or administrative bail amid allegations and ongoing investigation
After two months of illegal detention, the Chief Magistrate Court in Makurdi has ordered the Commandant of ‘Operation Whirl Stroke’ to either charge suspects in court or grant administrative bail pending investigation.
His Majesty Kelvin Mhanogun Esq SDJ issued the order on Monday in response to a motion filed by I. A Ututu Esq and T. P Tarkaa Esq on behalf of the applicants, Aina Abekpa Elikan and Nyitar Titor Titus, with serial number CMC/245mc2/2023 against the Commandant Operation Whirl Stroke.
The motion requested “an order directing the Respondents to produce the Applicant to Court or admit the Applicant to bail pending the completion of their investigation and determination of the allegation against them.”
And such further order(s) as this Honourable Court may deem fit to make in the circumstance of this.
The applicants were arrested on 20 June 2023 at various locations within the Guma local government area and have been detained without trial or access to family. The respondents are accused of torturing them since their arrest.
Kelvin Mhanogun Esq SDJ granted the prayers as requested in his ruling.
He said;
Having listened to the submissions of learned counsel to the applicant T P Tarkaa Esq, I have also considered the paragraphs with supporting affidavit as well as the exhibit attached and I am constrained to hold that granting this application will only protect the rights of the applicants as enshrined under the constitution of the Federal Republic of Nigeria 1999 as amended.
The application is hereby granted as prayed.
The respondents, the commandant operations whirl stroke is hereby directed to produce the applicants before a court of competent jurisdiction for cognizance to be taken in respect of their allege offence they have committed or in alternative grant administrative bail to the applicants while they carry out further investigation on the matter regarding the applicants who have been in custody since the 20 of June 2023.