The Legal Defence and Assistance Project says it has filed a suit against the Department of State Services and the Attorney General of the Federation over the arrest and arraignment of some judges.
LEDAP is asking the Federal High Court, Abuja to declare as unlawful the raid and arrest of judges by the State Security Services, and to grant an order to stop the planned charge and arraignment in court of some of the arrested judges over allegations of corruption.
The group claims in the suit that the judges cannot be charged and arraigned in court without the authorization of the National Judicial Council.
In a motion on notice for interlocutory injunction filed at the Federal High Court Abuja ion Tuesday, LEDAP is asking the court for “an order restraining the DSS and AGF from filing any charge in court or arraigning before any court or arresting and/or detaining, inviting for questioning or searching the office or residence of any of the judicial officers or any other judicial officer in Nigeria unless with the authorization and referral of the National Judicial Council…”
In the originating summons also filed along with the motion for injunction, the non-governmental organization also asked court is asked to declare that the statutory functions of the DSS is the prevention and detection of crime against the internal security of Nigeria.
The organization argues that the DSS is not is not authorized to effect the arrest of the judges under the law setting it up – the National Security Agencies Act.
It added that the arrest and arraignment of the judges by DSS is “ultra vires and unlawful.”
In a press release signed by the National Coordinator and Lead Counsel of LEDAP, Chino Obiagwu, the organization also wants the court to order the DSS to “forthwith cease, terminate, and withdraw any charge, information, arrest or invitation of any of the judicial officers.”
The court is yet to fix a date to hear the suit.