Court dismisses boko haram suspect’s suit over alleged illegal detention

In a recent development, a Federal High Court in Abuja has dismissed a suit filed by Abba Maina against the Department of State Services (DSS) in connection with alleged involvement in Boko Haram operations. Justice Inyang Ekwo ruled that the complaint seeking Maina’s release constituted an abuse of judicial process, as a similar suit was already pending before an FCT High Court.

Justice Ekwo emphasized that pursuing different lawsuits against the same individuals in different courts simultaneously, even if on different grounds, amounted to an abuse of the court process. The judge concurred with the DSS and its director-general that the fundamental rights’ action filed on November 4, 2022, before Justice A.Y. Shafa of the FCT High Court, mirrored the current case (FHC/ABJ/CS/2090/2022).

In his ruling, Justice Ekwo stated, “This is clearly a situation where the applicant has fallen into the temptation of instituting different actions between the same parties simultaneously in different courts even though on different grounds.”

Consequently, the judge ordered the dismissal of the case, deeming it an abuse of the court process.