The Department of State Services (DSS) has briefed a Federal High Court sitting in Abuja on why Jones Abiri, a Bayelsa-based journalist, was kept in DSS’ custody for two years without trial for reasons he described as “national security” objectives, Naija News Understands.
@IPCng @lanreipc @AyLonge @imesoimeso @rorypecktrust “The Nigerian government believes it did nothing wrong by detaining a journalist, Jones Abiri, for two years without trial:” https://t.co/4jOAvGiiV0 pic.twitter.com/5TpT04Y6K3
— IFEX (@IFEX) September 4, 2018 
It will be recalled that the DSS had in 2016 arrested Abiri, publisher of the Weekly Source newspaper, over the allegation that he was the leader of the Joint Revolutionary Council of the Joint Niger Delta Liberation Force, an alleged separatist organisation.
G.O. Agbadua, the DSS counsel, stated in his argument before the court, presided over by Justice Nnamdi Dimgba, that when a capital crime has been committed, as in the alleged case of Abiri, a person can be held in detention without a trial.
#Nigeria: It’s not the state’s responsibility to determine “what is rule of law and national security…it is the duty and responsibility of the court,” Jones Abiri’s lawyer said at today’s (Sept. 3) suit hearing on violation of the journalist’s basic rights – @PremiumTimesng https://t.co/cqPDt2wggj
— CPJ Africa (@CPJAfrica) September 3, 2018
“Section 30 (3) of ACJA where a suspect is taken into custody and it appears to the police officer in charge of the station that the offence is of a capital nature, the arrested suspect shall be detained in custody, and the police officer may refer the matter to the Attorney General of the Federation for legal advice and cause the suspect to be taken before a court having jurisdiction with respect to the offence within a reasonable time,” Agbadua argued.
“Reading those provisions, we are of the view that since it is individual right; it cannot supersede national security and that bail in capital offence is not as of right.”
, Samuel Ogala, Abiri’s counsel, while reacting to theAgbadua’s argument , objected maintained that his client’s detention was illegal as there was no court order to that effect.
“What is rule of law and national security? It is the duty and responsibility of the court to say ‘yes, this case is a capital offence’ or whether an applicant is entitled to bail or not,” he contended.
“It is not the responsibility of the DSS to sit in their office, arrest, detain and punish a person.“The issue of rule of law and national security is very clear. What I want the court to understand is that the applicant’s detention is criminal intimidation and it is punishable.”
After listening to counsels, the court adjourned hearing in the matter till September 13.
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