Musa Mohammed Kamaraw Shinkafi has filed a lawsuit against the Police for detaining him without trial.
Shinkafi filed an application before the Federal High Court in Abuja for the enforcement of his fundamental rights and right to fair hearing for failure of the Police to charge him to court after detaining him without trial since November and refusal to grant him access to his lawyers and relatives.
The case with Suit No. FHC/ABJ/CA/266/2022 was presented before Honourable Justice Emeka Nwite of Court 8 at the Federal High Court Abuja filed for and on behalf of MUSA MOHAMMED SHINKAFI (Applicant) by the Liborous Oshoma Esq of Liborous Oshoma Chambers. The cases has as Respondents the Governor of Zamfara State, The Attorney General Of Zamfara State, The Commissioner of Police Zamfara State and the Inspector General of Police.
The Applicant is praying the court to amongst other things make a declaration his arrest, continued harassment, threats to life and detention of the Police without trial.
He’s also calling on the court to rule that the instigation of the Governor, is unlawful, unconstitutional and amounts to a violation of his Fundamental Rights as guaranteed under Sections 33, 34, 35, 36 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and Articles 6 & 7 the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. A9, LFN, 2004, and is therefore illegal and unconstitutional.
Shinkafi who is a nephew of the former Governor of Sokoto State, Attahiru Bafarawa, is also praying the court for an order of perpetual injunction restraining the Police by themselves, their agents, servants or privies from further perpetuation of unlawful acts of indignity harassment and detention by releasing him, the Applicant immediately on bail or prosecute him before any Court over a crime alleged to have been committed by him;
He finally requested the Court to direct the Respondents jointly and severally to pay to him the sum of N100,000,000.00 (One Hundred Million Naira) as compensation for general damages for breach of his fundamental rights to personal liberty, fair hearing, the dignity of human person, and for unlawful detention, torture, psychological trauma, loss of self-esteem and for such other breaches of his fundamental human rights hereof.
In an affidavit filed alongside the application deposed to by one IBRAHIM SALIHU, male, Muslim, farmer, and a Nigerian Citizen of Kamarawa village, Isa Local Government Area of Sokoto State, the deponent stated that on the 8th day of October, 2021 at about 3pm after Jumat prayers, he was reliably informed by Musa Mohammed Shinkafi, That;
“Sometime in 2019, he (Musa Shinkafi) was kidnapped by bandits. After his release, sometimes in that same 2019 the Governor of Zamfara State extended amnesty to the Bandits by calling a Truce and appointed him as Special Assistant to the Governor.
“As a result of the Musa’s official position, the Zamfara State Government gives him #10,000,000.00 (Ten Million Naira) monthly to take to the Bandits as Amnesty money for them, so as to stop Banditry. Based on that appointment, Musa became the go-between the Government of Zamfara State and the Bandits.
“During the event of the Amnesty and even after the Bandits returned to the Bush following a fallout of the Truce, Musa to the knowledge of the Government, served as an intermediary or go-between between the Parties – the Government and the Bandits. By this, one of the obligations of the Musa was to deliver the Government’s messages to the Bandits and vice versa.
“Musa, also sometime in 2019 had on the request of the Governor, His Excellency Matawalle, brought Turji (one of the bandits) from Shinkafi to Government House, Gusau, Zamfara State for a meeting with the Governor, and also took Turji (bandit) back to Shinkafi after the meeting.
“Whilst serving in this capacity, Musa worked in collaboration and conjunction with the Security Adviser to the Governor, hence the Musa had access to Government house and Government functionaries.
“Sometime on the 30th of September, 2021, the former Governor of Sokoto State – Bafarawa, who is a relative of the Musa and his mentor, granted an interview to the BBC Hausa Service accusing the Zamfara State Governor amongst others of being nonchalant to the plight of the citizenry and master-minder of Banditry in Zamfara State.
“Immediately the news broke out, the Governor called Musa and instructed him to debunk the allegations of the former Governor of Sokoto State and also requested Musa to levy allegations against the said former Governor of Sokoto State – (Bafarawa) that rather, it was the said Bafarawa that was responsible for banditry in the State.
“The Governor subsequently gave Musa the sum of #1,000,000 (One Million Naira) and asked him to go think about it promising him a handsome reward and more money, should he execute the job very well. Otherwise, the Governor would accuse Musa of divulging official secret information on the workings of the State Government to the former Governor of Sokoto State, on the ground that the former Governor could not have made such allegation if Musa did not divulge official State information to him.
“Musa vehemently denied the allegation of the Governor against him and subsequently rejected the Governor’s offer on the ground that aside the fact that the former Governor of Sokoto State was related to him being his distant Uncle, he (the erstwhile Governor of Sokoto State) was also a mentor to him and he would not dare to tell lies against him.
“According to the deponent, Musa further informed him that he pleaded with the Governor that he should be allowed to state the true position of things instead of publishing lies and propaganda, as he would not want to be used to fight political battles.
“For this act of refusing to obey the unlawful and unethical Orders of the Governor, the Governor then informed Musa that if he understands the enormous powers of a Governor, he would do his bidding and that the consequences of his refusal were grave and thereafter threatened that he would keep Musa away for a long time till he comes to his senses.
“Musa was subsequently arrested on the 12th of October, 2021 by men and officers of the Nigerian Police Force on the allegations that he was a gun-runner, who was sponsoring banditry, selling guns and ammunitions to Bandits and all manner of other spurious allegations.
“Since his arrest apart from social media stories of his investigation, all efforts by his relatives to communicate with him have remained futile, and the police have refused refused to charge him for any known offence.”
