MALACHY UZENDU, Abuja

In a ruling signed by Justice Josiah Baba, he stated that such an arrest without an order of court contravenes section 35(4) and (5) of the constitution.

He ordered that the 17 persons be immediately charged to court or be released.

The arrested MASSOB members including Uchenna Mmadu, Nwachukwu Ojukwu, James Chukwuemeka, Onyeme Chukwu, Cajethan Okafor, John Nwaeke and Walter Ani, were allegedly arrested by the police and the state security service (SSS) at Onitsha and Nnewi on November 21, last year.

While the security apparati claimed that the arrested persons breached the law, the accused went to court and applied for the enforcement of their fundamental human rights.

They claimed that their arrest and detention since then contravened both the nation’s constitution as well as subsection of the Africa charter on Human and People’s Rights (Ratification and Enforcement) Act cap 10 LFN, 1990.

While insisting that their arrest was illegal and unconstitutional, they prayed the court to order that they be released forthwith.

Justice Baba in his ruling noted that the security agencies violated the law by not charging them to court immediately after they were arrested.

"The court holds that the arrest and detention of the applicants from 8th December, and 21st November, 2005 respectively without being charged to court contravenes section 35(4) and (5) of the 1999 constitution.

"The court hereby orders the respondents (security agencies) to produce and arraign the applicants before a properly constituted court as provided in section 35 (4&5) of the constitution."