At a Federal High Court in Lagos, a case of fundamental rights abuse against the Chief Executive officer of Capital Oil, Mr Ifeanyi Ubah, was heard and the court ordered the Department of State Services (DSS) to release the man that has been in their custody since his arrest.

Delivering his judgement on the matter, the Judge, Mohammed Idris, insisted that the DSS lied in a report it presented about where Mr Ubah was arrested.

Justice Idri berated the DSS for lying to the court that Ubah was arrested in Abuja, while from every available evidence, he was arrested in Lagos and flown to Abuja, where he has been detained some weeks.

In his 100 page judgment, ordered the Department of State Security (DSS) to release Ubah within 48 hours unconditionally, if it fails to file a charge against him. 

He ordered the DSS to ensure that it files charges within the stipulated time.

"Based on all the evidence there is no criminal case against him," the Judge added.

He further pointed out that law enforcement agencies are not agencies of debt collection, warning that when security agencies go beyond their bounds it results in anarchy.

After the judgement was delivered, a counsel to Mr Uba told reporters that the issue was a fundamental human rights procedure that was centred on the freedom of the accused who has been in detention since his arrest.

"If there is any debt that needs to be collected on behalf of the government, the law should take its course.

"The transaction between Ifeanyi Uba and the NNPC was contractual.

"If anything is owed, it is seen as a debt, instead of allowing him pay his debt, they had him arrested by the DSS without filing anything against him, thereby infringing on his fundamental human rights," the lawyer said.

However, there seems to be an abuse of legal process in Ubah's case.

After the judgement was delivered, another court in Abuja, Nigeria capital city, in a ruling approved the detention of Mr Ubah for another 14 days.

The DSS' had request to hold Mr Ubah for another 14 days in a case allegedly filed after Mr Ubah had filed a case of fundamental rights abuse in the Lagos court.

Ifeanyi Ubah's lawyer claimed it was an abuse of court process at the last sitting of the court that ordered the DSS to bring the accused to court.

The ruling, by law, subsists that of the Lagos Court and will make the implementation of the Lagos Court's order difficult. 

Ubah was arrested by DSS was arrested and detained by the DSS over his refusal to remit 11 billion Naira realised from the sales of petroleum products stored in his facility by the Nigerian National Petroleum Corporation, NNPC.
 
A statement by the spokesman for the DSS, Tony Opuiyo had accused Ubah of inciting members of the Petroleum Tanker Drivers Union to stop lifting petroleum products so as to cripple the economy and cause untold hardship to Nigerians.