Director Of State Security Service & Anor. V. Olisa Agbakoba. (1999)

LAWGLOBAL HUB Lead Judgment Report

L. UWAIS, C.J.N

This is an appeal from the decision of the Court of Appeal, Lagos Division (Kalgo, Uwaifo and Ayoola, H.C.A. as they were then). The respondent was the applicant in the High Court of Lagos State, holden at Lagos, (Akinboboye, J.) while the appellants were the respondents in a motion on notice brought under the Fundamental Rights (Enforcement Procedure) Rules, Cap. 62, in which the following reliefs were sought:-

“1. A declaration that the forceful seizure of the applicant’s passport No. A654141 by agents of the State Security Services (sic) (1st respondent herein) on April 21, 1992 is a gross violation of the applicant’s right to personal liberty, freedom of thought, freedom of expression and freedom of movement respectively guaranteed under sections 32, 35, 36 and 38 of the Constitution of the Federal Republic of Nigeria, 1979 (as amended) and is accordingly unconstitutional and illegal.

2. An order of mandatory injunction directing the respondents to release applicant’s passport No. A 654141 to him forthwith.
3. An order of perpetual injunction restraining the respondents from seizing the applicant’s passport without cause, or in any other way violating the applicant’s rights to personal liberty, freedom of thought, expression and freedom of movement as guaranteed by the provisions of the 1979 Constitution aforementioned.
4. And for further consequential order(s) as this honourable court may consider appropriate in the circumstances.”

The facts of the case which were not contested by the appellants are as deposed in the affidavit sworn to by the respondent in support of his application. They are briefly as follows. The respondent is a legal practitioner. He was at the material time also the President of a non-governmental human rights body based in Nigeria which is known as the “Civil Liberties Organisation” (CLO). In his capacity as President of the CLO he was involved in international activities which were aimed at enhancing the growth of non-governmental organizations (NGOs) concerned with human rights.

The respondent was invited by the Netherlands Organization for International Development and Cooperation (NOYIB) to attend a conference which was scheduled to take place between 22nd and 25th April, 1992. On 21st April, 1992, the respondent intending to attend the conference went to Murtala Mohammed International Airport, at Ikeja, Lagos. However, he could not board the plane to the Hague because he was stopped by officers of the Nigerian State Security Service (SSS). The officers impounded his passport without giving any reason for doing so and merely directed that he should report the next morning to the headquarters of the SSS at No. 15A, Awolowo Road, Ikoyi, Lagos, for further action. On keeping the appointment on that day, the respondent was informed that the Director of the SSS whom he was to report to was not available. Thereafter other appointments were given to the respondent but on each of such occasions he was not able to meet the Director. During one of such visits to the headquarters, the respondent was directed by an official of the SSS to forward his complaints to the Attorney-General of the Federation (2nd appellant).

On 29th April, 1992 the respondent wrote a letter to the 2nd appellant which reads as follows:-

“April 29, 1992.

The Attorney-General of the Federation,

Attorney-General’s Chambers,

Federal Ministry of Justice,

Marina, Lagos.

Dear Sir,

On seizure of my passport

I write to notify you about the seizure of my passport on the night of April 21, 1992.