The Federal High Court sitting in Abuja has exonerated the Department of State Services (DSS) of allegations bordering on the unlawful detention and killing of an alleged Islamic State – West Africa Province (ISWAP) terror suspect, Yusuf Lukman Omeiza.
In a judgment delivered on Thursday, Justice Musa Liman held that the plaintiffs failed to establish, with credible evidence, their claim that the DSS was responsible for the death of Omeiza, who was said to be an ISWAP leader operating in Kogi State.
The suit was instituted by Alhaji Jimoh Yusuf and Mrs Fati Mohammed, who identified themselves as the father and sister of the deceased. They had dragged the DSS and the Attorney General of the Federation (AGF) before the court in a fundamental rights enforcement action marked FHC/ABJ/CS/193/2021, filed on February 18, 2021.
Omeiza, also known as Magas, was arrested by the DSS on October 1, 2015, in Okene, Kogi State, over alleged terrorism-related offences, including a series of violent bank robberies and attacks in the area.
Through their counsel, Ejumejowo Asuotu, the plaintiffs sought three major reliefs, including a declaration that the arrest, detention and alleged killing of Omeiza without trial violated his fundamental right to life. They also asked the court to declare that the incident caused severe emotional trauma to their family and demanded ₦10 billion in damages.
However, the DSS, represented by Abdullahi Muhammad of Messrs Compass Chambers, argued that the plaintiffs’ case was built entirely on hearsay evidence, contrary to Section 38 of the Evidence Act, 2011.
The defence noted that the sole witness called by the plaintiffs admitted under cross-examination that her claim that Omeiza was killed by the DSS was based on “assumption” rather than personal knowledge or direct observation.
According to the DSS counsel, the plaintiffs failed to present any eyewitness account, death certificate, police report, medical evidence or coroner’s testimony to confirm that Omeiza was dead, let alone that he was killed by the DSS.
“The allegation of killing is speculative and unsupported by any concrete or verifiable evidence,” Muhammad submitted, adding that documentary evidence before the court showed that the suspect was transferred to another security agency after his arrest.
This position was further corroborated by documents tendered during the trial by the National Human Rights Commission (NHRC).
In his ruling, Justice Liman agreed with the defence, holding that the plaintiffs failed to discharge the burden of proof required by law. The court consequently dismissed their claims and declined to award the ₦10 billion damages sought.
Instead, the judge awarded ₦300,000 in damages in favour of the defendants.
Omeiza had been accused of involvement in several high-profile robberies in Kogi State, including an attack on First Bank Plc, Okene, during which two police officers were killed. He was also linked to robberies at the NEPA (PHCN) office in Okene, where ₦450,000 was stolen, and at Ogaminana in Adavi Local Government Area, where ₦24.7 million meant for the payment of local government staff salaries was allegedly carted away.
According to allegations, the ₦24.7 million was taken to Omeiza’s residence in Okene and shared among members of the gang.
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