The Federal High Court in Abuja has exonerated the Department of State Services (DSS) over allegations that it unlawfully detained and killed an Islamic State West Africa Province (ISWAP) suspect, Yusuf Lukman Omeiza.
Delivering judgement on Thursday, Justice Musa Liman held that the plaintiffs failed to prove their claim that Omeiza was killed by the DSS.
The suit was filed by Alhaji Jimoh Yusuf and Mrs. Fati Mohammed, who accused the DSS and the Attorney-General of the Federation of unlawfully arresting, detaining and killing Omeiza, identified as an ISWAP leader in Kogi State.
Omeiza, also known as Magas, was arrested by the DSS on October 1, 2015, in Okene, Kogi State, over alleged terrorism-related offences, including bank attacks and armed robberies.
The plaintiffs, through their lawyer Ejumejowo Asuotu, filed the case on February 18, 2021, seeking three reliefs. These included a declaration that the arrest, detention and alleged killing of their son and brother without trial was unlawful, and an order compelling the defendants to pay N10 billion as damages.
However, counsel to the DSS, Abdullahi Muhammad of Compass Chambers, argued that the plaintiffs’ case was built largely on hearsay.
He told the court that the key allegation of killing was not supported by any credible evidence, as the sole witness for the plaintiffs admitted under cross-examination that her claim was based on “assumption.”
“This assumption is clearly not based on direct observation or personal knowledge of the event, but rather on information or belief derived from others,” Muhammad submitted.
He noted that the plaintiffs failed to present any eyewitness, official record or medical report confirming Omeiza’s death.
“The absence of a death certificate, police report, or testimony from any medical professional further underscores the hearsay nature of their claim,” the lawyer argued.
The defence also tendered documents showing that the DSS had transferred Omeiza to a sister security agency after his arrest. This was corroborated by records from the National Human Rights Commission (NHRC) admitted during the trial.
In his ruling, Justice Liman agreed with the defence, holding that the plaintiffs did not provide sufficient evidence to support their allegations.
He therefore dismissed the suit and refused to grant the N10 billion damages sought by the plaintiffs.
Instead, the court awarded N300,000 costs in favour of the defendants.
Omeiza had been arrested over his alleged involvement in several violent crimes in Kogi State, including a robbery at First Bank Plc in Okene in which two policemen were killed.
He was also linked to an attack on the former PHCN office in Okene, where N450,000 was stolen, and another robbery in Adavi Local Government Area, where N24.7 million meant for staff salaries was carted away.
Authorities alleged that the stolen funds were taken to Omeiza’s residence in Okene and shared among the suspects.
