Illegal Detention Of Nansak Selbar: Family Slams Nigerian Army With N100 Million Compensation Suit
Yakubu Busari
A representative of Mr. Nansak Selbar family Nanlir N. Rindapb has issued a serious warning to the Nigeria Army over his illegal arrest of the alleged defaulting of General Nansak Shagaya through Facebook.
The Nigeria Army on the 7th of November, 2024, invaded Nyak Government Secondary School, Nyak, at Ajikamai of Shendam Local Government Area of Plateau State and whisked him to Rukuba Barrack.
A nephew to the alleged accused person disclosed that Mr. Nansak Selbar was caught while working as a POS operator, and the Parent Teachers Association (PTA) where he volunteered with GSS Nyak before his arrest on allegations of impersonation, cheating, and conspiracy.
According to him, Nansak Selbar is in critical condition, and his health is gradually getting worse, he can’t communicate with people after spending over two months in army custody all in the name of they are still investigating him.
He expressed sadness that the continued detention of Nansak Selbar by the Nigerian Army, as they don’t have the legal backing, is quite worrisome as they demand the immediate release of their brother, who didn’t commit any of the crimes labeled against him.
The counsel, Barr. Micah Adaji, Nigeria Army having arrested his client and kept him in their custody for too long, breached his fundamental right as a citizen of Nigeria.
He explained further that they lack the power to continue to keep his client in their custody even after filing an ex parte application order to release him, but they vehemently refused to adhere.
Adaji noted that the ex parte seeks his release as he has spent over two months languishing in pain where they deprived him of all his fundamental rights.
He maintained that the law is very clear on who would investigate any allegation of criminal conspiracy, cheating, and impersonation.
Meanwhile, Lieutenant Col. UJ Atumeyi said he was directed to acknowledge the receipt of a letter in which he stated that troops of Operation Safe Haven (OPSH) came to GSS, Nyak, and Whiskey away Nansak Selbar.
He pointed out that since the time of the alleged incident, his family has been denied access to him. He appealed for an investigation and maintained that the troops have acted in furtherance of the constitutional mandates of ensuring protection of lives and property within the confines of the law.
Additionally, Atumeyi disclosed that the arrested person is undergoing investigation on the allegation of committing offenses inimical to national security with the backing of an order by a competent court.
An affidavit filed in support of the suit shows how the Nigeria Army alleged to have obtained the magistrate court of Plateau State of Nigeria order to hold him at Giring Abattoir, Jos, even when the court didn’t have the locus standing to approach a court of competent jurisdiction over the victim of the alleged incidence of criminal conspiracy labeled against him.
The family of Nansak Selbar has sued the Nigerian government, demanding N100 million in compensation, court documents show.
The victim, the Nigerian Army has since refused to give him freedom, and the family has had no access to him, even though his health is getting worse. However, a fundamental rights enforcement suit filed by a representative of the victim’s family is still pending.
The plaintiff counsel, Micah Adaji, in the suit filed, sought an order for the enforcement of the fundamental rights to life of the Nansak Selbar.
Prayers
A lawyer for the plaintiff, Micah Adaji, predicated the suit on relevant sections of the Fundamental Rights Enforcement Procedure Rules 2009, the Nigerian constitution, and the African Charter on Human and People’s Rights.
The suit urged the court to declare that the “act of illegal arrest by whiskey away Nansak Selbar, a civilian, a Christian event at their village by the military, “amounts to an infringement of the deceased victim’s fundamental rights to life” as enshrined in the Nigerian constitution and international legal instruments.
The plaintiff prayed the court to declare the military that his arrest was “illegal, unlawful, and unconstitutional.”
He asked for an N100 million compensation against the army “to be paid to the victim as exemplary damages for their arbitrary, unlawful, and unconstitutional arrest.”
He equally demanded a public apology from the government over the arrest on 20 August 2024, the allegation of fraudulent charges against Nansak Selbar, First Bank Account No. 3096766781, which didn’t have cash, but had only N75,000, as the investigation revealed nothing tangible on 20/08/24.
The First Bank confirmed the request to the headquarters of Operation Safe Haven Intelligence Cell by one Elisha Atikinpan, the chief superintendent of police.
He said the Nigerian military had been involved in counterinsurgency operations in the North-Central region of the country and Kaduna State.
The suit has not been assigned to a judge for a hearing.
