Nigeria

Court strikes out N500 million aggravated suit filed by former spokesman of Boko Haram, Ali Konduga –




The High Court in Maitama, Abuja on Thursday, October 10th struck out a N500 million aggravated suit filed by former Spokesman of Boko Haram, Ali Konduga.  

Justice Samira Bature struck out the suit following an application for discontinuance filed by Konduga’s counsel, Mohammed Tola, dated October 17 and filed on October 8th. Bature noted that the Respondents had earlier pointed out that the court had no jurisdiction to handle the matter and with the motion for discontinuance by the applicant, the suit was struck out.

Konduga dragged the Director-General, Department of Security Services (DSS) and the Attorney-General of the Federation (AGF) and Minister of Justice, over alleged breach of his fundamental rights. On October 3rd, Emmanuel Edu, holding the brief of Mr. Mohammed Tola, counsel for Konduga told the court that the client intended to discontinue the suit.

Clementine Nebo, counsel for the Attorney General of the Federation not object to the notice of withdrawal but said, the proper motion should be presented to the court. Given this, Konduga ‘s counsel then prayed for a short adjournment to enable them file motion for withdrawal. Konduga through his counsel, Mr. Mohammed Tola, filed a suit, alleging that he was kept in detention for an extra three years after serving his three-year jail term before he was released in 2016.

Konduga was convicted by a Chief Magistrates’ Court in Abuja and sentenced to three years imprisonment for criminal intimidation in 2011. In the suit, Konduga claimed that he was kept in the custody of the DSS instead of the conventional prison to serve his term because the government wanted him to serve as a key witness to prove a terrorism charge against a senator in a Federal High Court in Abuja.

He further stated as of the time of his release, he was never called to testify in the matter or any other matter. Konduga added that he was taken to the DSS’s office in Maiduguri on Sept. 8, 2016, and was released on Sept. 9, 2016, to his parents. He alleged that DSS offered his family N700,000 when he was released, and informed his family that the money was meant for his medical treatment.

The gesture, Konduga said showed that the DSS knew he was entitled to compensation for his illegal and unlawful detention, adding that the Service refused to pay him any other compensation except the N700,000. He further stated that some individuals attacked him after he was released in 2016 and he sustained head injury from the attack. He added that as a result of the injury he sustained, the police from GRA Police Station, Maiduguri, Borno, took him into protective custody and later referred him to the Federal Neuro-Psychiatric Hospital in Maiduguri.

He, therefore, demanded an unreserved public apology in three national newspapers.  Konduga also prayed for an order of the court, directing the respondents to jointly and severally pay him N500 million as aggravated damages and compensation for the illegal, unconstitutional and unlawful detention.





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