“Court Orders Police To Release Two BDC Operators On Bail Or Charge Them” — Applicants Challenge Detention Over Alleged $600,000 Transaction

A vacation judge of the High Court of the Federal Capital Territory, Justice A. Abdullahi, sitting in Maitama, Abuja, has ordered the police to either release two Bureau de Change operators, Alhaji Bello Mohammed and Bashir Ibrahim Lambo, on administrative bail or charge them before a court of competent jurisdiction.

Justice Abdullahi gave the order while ruling on an ex parte application filed by counsel to the applicants, Sani Sajo, Esq., seeking the enforcement of their fundamental rights.

The respondents in the application are the Nigeria Police Force, the Inspector-General of Police, the Deputy Inspector-General of Police, Force Intelligence Department, the Deputy Commissioner of Police, IGP Monitoring Units/Police Monitoring Units, ACF Magaji Mohammed, Team Lead, IGP Monitoring Units/Police Monitoring Units, CSP Mahmud, IPO, Force Intelligence Department, DSP Adamu Balangu of the IGP Monitoring Units, and United Bank for Africa.

The application was brought pursuant to Sections 34 to 44 of the 1999 Constitution, as amended. The applicants asked the court to direct the respondents to admit them to bail or produce them before the court for the purpose of granting them bail pending investigation or arraignment.

In the grounds supporting the application, the BDC operators said they are businessmen operating foreign currency business at Wuse Zone 4, Abuja, under the name Al-Nasara Bureau de Change.

They claimed that they were invited by the police sometime in June in connection with a $600,000 transaction they had carried out, detained for two days and later granted administrative bail without being charged in court.

According to them, they were informed that a customer had $600,000 for sale at Access Bank and that they should bring buyers if they had any. They said they subsequently contacted A.A. Rano Oil and Gas through its agent, after which the naira equivalent of the sum, totalling N800 million, was allegedly paid for the $600,000 transaction in line with Central Bank of Nigeria guidelines.

They further claimed that the money was paid through UBA to Access Bank after both banks carried out their due diligence.

The applicants said that about one month after the transaction, they and others were invited by the Force Intelligence Department, interrogated, investigated and detained for some days before they were released on bail.

They, however, alleged that since July 28, they had been held in police detention without legal justification, without being granted bail and without being arraigned before any court within the 48-hour period prescribed by the Constitution.

They also alleged that the police had consistently refused to admit them to administrative bail pending investigation or arraignment.

After listening to their counsel, Justice Abdullahi ordered the police to either admit the applicants to administrative bail or arraign them in court.

The judge adjourned the matter to August 17 for the police to show cause.

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