Having spent 171 days in custody,
Paganengigha Anagha, the detained younger brother of former Governor of Bayelsa State, Timipre Sylva has asked the Federal High Court sitting in Abuja to order the Department of State Service (DSS) to release him from custody.
Anagha, who was detained in connection with his brother’s alleged coup attempt, asked Justice Hauwa Joseph Yilwa to, in the alternative, order DSS to arraign him in court if implicated in their investigations.
In a motion on notice argued by his counsel, Mr Micheal Jonathan Numan, SAN, Sylva’s younger brother claimed that the 60 days detention order granted DSS on November 17, 2025 to detain him for the purpose of investigation of allegations against the former governor of Bayelsa has since lapsed.
At the proceedings on Tuesday, he was not brought to Court by DSS neither was any charge filed against him and four others in detention.
In the motion argued on Tuesday, Anagha submitted that he was unjustly detained under the Terrorism Prevention and Prohibition Act of the National Assembly in violation of the provisions of the 1999 Constitution of the Federal Republic of Nigeria.
The motion marked FHC/ABJ/CD/2405/2025 was brought pursuant to sections 35, 36 and 46 of the 1999 Constitution, sections 7, 158, 267 and 296 of the Administration of Criminal Justice Act 2015 and section 6 of the Terrorism Prevention and Prohibition Act
The detainee, through his lawyer, told the court that he had not been allowed to access his lawyer and family members since his detention and argued that the provision of the 1999 Constitution takes precedent over the National Assembly Act under which he was locked up detention.
Anagha admitted that the 60 days detention granted by the court to DSS was renewable but added that the DSS had not applied for renewal of the detention order because it had since concluded investigation into the matter.
Insisting that his continued detention is in gross violation of the 1999 Constitution and abuse of statutory power on the part of the DSS, the detainee pleaded with the judge to order his immediate unconditional release or issue an order for him to be produced in court for arraignment on any offense or charge against him.
He claimed that his detention under the guise of investigation was an affront to the system of justice administration, adding that it is unfair to keep him endlessly without trial and asked the court to admit him to bail under fair conditions to stop further abuse of his detention or to be formally charged to court to answer any charge against him.
The detainee said he has confidence in the judiciary and that succour will be brought to his family if allowed unconditional release due to expiration of the 60 day detention order been used by DSS to justify his continued detention.
His motion on notice was predicated on 16 grounds and 22 paragraph- affidavit and deposed to by his wife in pleading for the Court’s intervention in his ordeal.
However, the DSS represented by Y. I. Umar asked the court to dismiss the application.
Meanwhile, Justice Hawa Yilwa has fixed April 23 to rule on whether to release the detainee as requested or not.
Anagha is being detained alongside Musa Mohammed, Ayuba Reuben, Friday Lusa Paul, and Ayegbaife Suobite who aligned with the applicant in pleading for their own release too.
END
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