Court Frees Nansak Selbar From Army Detention, Reserves Ruling On Application Of Enforcement Of Fundamental Right

By Joseph A. Adudu

The Nigerian Army on Tuesday released Nansak Selbar from its facility. This followed an earlier service of Forms 48 and 49 respectively which is a Notice of Consequences of disobedience to Order of court.Hon. Justice Nankwat Shaseet of High Court 11, Plateau State had on 23rd January, 2025, ordered the Nigerian Army to comply with the order of the Chief Magistrate Court, JMDB Jos, setting aside its earlier Order for Remand and release Nansak Selbar, a POS operator and Secondary School Tutor with Government Secondary School Nyak, Shendam Local Government Area of Plateau State who has been in detention for over two months.

This followed hearing and adjournment to yesterday, February 11, 2025 of a matter instituted by Nansak Selbar (Applicant) for the enforcement of his fundamental right in which the Nigerian Army, Maj. Gen. Abdulsalam Abubakar and Maj. Gen. Nansak Shagaya are 1st, 2nd and 3rd Respondents respectively.Nansak Selbar is alleged to have been arrested by the Nigerian Army on 7th November, 2024 and has since been in detention of the Army’s facility.When the matter in suit No: PLD/J05/2025 came up on Tuesday, Counsel for the Applicant, Mike Adaji Esq told the court that its order for the release of the Applicant before the next adjourned date had not been complied with B.A Oyefeso Esq, Counsel for the Respondents confirmed the order of the court and how the Respondents hold such orders with utmost respect.

Counsel added that it was on account of this that the Respondents made several phone calls to the Applicant’s Counsel to come so the Applicant will be released to him but the Applicant’s Counsel declined. “It’s true that that there was an order of this court but the Applicant’s Counsel deliberately refused to make himself available for the necessary paper work towards the release of the Applicant”.

In his submission, Hon. Justice Shaseek ordered that both Counsel (for the Applicant and Respondents) as well as relations of the Applicant should proceed to where the Applicant was and ensured he was released forthwith.Speaking to journalists at the premises of the administrative headquarters of the Plateau State High Court after his release, Nansak Selbar appreciated God for making it possible for him to have a breath of air of freedom.

He equally appreciated his lawyers and relatives for their efforts and commitment to ensure he was released from detention.Nansak also expressed his trust and believe in the independence of the judiciary and the last hope of the common man.Meanwhile, counsel for the Applicant and Respondents adopted their processes already filed before the court in a matter of Enforcement of Fundamental Right brought by the Applicant pursuant to section and 46(1) & (2) 1999 Constitution 1999 (As Amended) in 2011; Order 11 rules (1), (2), (3), (4) (5), (6) & (7) of the fundamental rights (enforcement procedure) rule 2009. Article 6, 7 & 12 African Charter on Human and People’s Right (Ratification and Enforcement) CAP A 9 LFN 2009.

Some of the prayers include;“A declaration that the arrest of the Applicant on the 7th of November, 2024 by the men of 1st Respondent under the control of the 2nd Respondent is unconstitutional and illegal.“Hundred Million Naira (N100,000,000.00) exemplary damages against the Respondents jointly and severally being general damages suffered by the Applicant, psychologically, physically and emotionally for the unlawful detention for a period of 27 days and more and for illegal torture meted on the Applicant by the junior military officers under the control and supervision of the 1st and 2nd Respondents upon the order and/or command of the 1st and 2nd Respondents”.After the adoption of processes by Counsel, Hon. Justice Shaseek reserved a date for ruling in the matter.