Three Detained Lebanese Slam FG With N50bn Suit

The Abuja Division of the Federal
High Court, yesterday, slated June
21 to hear N50 billion suit filed
against the Federal Government by
three Lebanese, Mustapha Roda
Darwish Fawaz, Talal Roda, and
Abdulla Tahini, following their
arrest and detention over alleged
complicity in the illegal
importation of weapons into
Nigeria.
In a fundamental human right
enforcement motion they filed
before the court, the applicants
prayed the court to declare their
arrest and continued detention
without trial by the Department of
State Services, DSS, as "illegal,
unlawful, unconstitutional, null, void
and of no effect whatsoever."
Fawaz, who is the owner of Amigo
Supermarket and Wonderland
Resort, in Abuja, had through their
counsel, Chief Robert Clark (SAN),
faulted the closure of the business
premises by security agents, even as
he urged the court to award him N50
billion as compensation, as well as
order the Federal Government to
offer to him a public apology, to be
published in three national dailies.
Specifically, they are seeking "an
interim order granting bail to the
applicants forthwith conditionally or
unconditionally, pending the
determination of the substantive
Motion on Notice in this matter.
"An Interim Order restraining the
respondents from continued arrest,
detention, harassment and
intimidation of the applicants, their
families, relations and/or business
interests pending the determination
of the substantive Motion on Notice
in this matter.
"In the alternative, an Interim Order
directing the respondents
particularly the 1st and 2nd
respondents to produce the
applicants in court for the hearing of
the Motion on Notice in this matter
pending the hearing and
determination of the said Motion on
Notice."
Sequel to the order of the court on
June 10, the Federal Government,
yesterday, produced the accused
persons before Justice Mohammed.
Meantime, Justice Adeniyi, yesterday,
gave them five days to file a reply to
a counter affidavit filed against them
by the Federal Government, wherein
it insisted that they have links with
terrorist organizations.
Government had alleged that the
detained Lebanese were members of
Hezbollah military wing, an
international terrorist organisation.
In addition, the DSS, in the affidavit,
maintained that "Mustapha FAWAZ
(2nd respondent) was arrested on
11th May 2013. His residences at
Wonderland Amusement Park, Abuja,
and 58 Adetokumbo Ademola Street
Wuse Zone 2, Abuja, were duly
searched in the course of which
prohibited firearms and other
incriminating items were discovered.
A copy of the duly endorsed
searched warrant and pictures of the
said firearms are hereby exhibited
and marked exhibits 1 and 1A-D
respectively.
"That further investigation led to the
arrest of Abdullah TAHINI (1st
respondent) on 12th May, 2013 at
the Mallam Aminu Kano,
International Airport Kano, on his
way to Egypt en route Lebanon. He
was found to be in possession of the
sum of sixty one thousand, one
hundred and seventy United State's
Dollars ($61,170)."
FG further told the court that "On
May 26, the No. 3 Gaya road
Nasarawa LGA Kano residence of one
Ahmed Hassan Taher (now at large)
a relative of the 2nd respondent was
searched. At the material time, Talal
RODA (3rd respondent) and a
suspect in the unfolding investigation
was found in the house. He was
arrested in the course of the search
which was conducted in his presence
as he had access to the hidden
recesses discovered in the
premises".
"A further search of the Kano
residence led to the discovery of
large cache sophisticated weapons
and weapons of mass destructions.
It was a war arsenal. A copy of the
duly endorsed search warrant
executed on the residence is as well
as pictures of the discovered
prohibited arms are exhibited and
marked exhibits 2" it alleged.
However, counsel to the three
Lebanese, Chief Clarke, SAN, told the
court that he was only served the
counter affidavit by the respondent's
counsel, Richard Osagie yesterday,
saying he would need time to
respond.
"I have always refused serving of
processes in court. It is not legal way
of practicing this profession.
However, the counter affidavit of the
respondent contains serious
depositions that we have to digest
very well before filing our reply
counter affidavit on points of law"
Clarke stated.
While granting him time to respond,
the court equally directed the DSS to
grant the accused persons access to
their lawyers.
It will be recalled that the accused
persons were arrested by the Military
Joint Task Force, JTF, sequel to their
alleged involvement in ownership of
a large cache of weapons of different
types and caliber.
The weapons were uncovered at an
underground bunker at No. 3 Gaya
Road, off Bompai Road in Kano,
after a combined team of the JTF
involving soldiers from 3 Brigade in
Kano and Kano DSS conducted a
thorough search of the bunker.
Roda who was said to have
surreptitiously secured a Nigerian
passport was said to have been
arrested at the underground bunker
by the military operatives.
The weapons recovered included
anti-tank weapons, rocket-propelled
guns, anti-tank/anti-personnel mines
and other dangerous weapons.
According to the security operatives
that conducted the search, the arms
and ammunition were properly
concealed with several layers of
concrete and placed in coolers,
drums and bags neatly wrapped.