…Describes detention as illegal
By Titus Atondu, Makurdi
The Peoples Democratic Party, (PDP), has lamented over the continued detention of its social media member, Paul Terhemba Gyenger by the Police.
Nigerian NewsDirect reports that Paul was arrested on 25th August, 2023 allegedly on the orders of Governor Hyacinth Alia through the Commissioner for Justice on accusation that the PDP social media member defamed him by posting on his facebook page alleging that he (Governor) diverted the N2billion Federal Government palliative money given to the State.
He also claimed that the Governor was appropriating the money to completing his house in Kuje, Abuja.
PDP legal Adviser, Barr. Clement Mue, Esq made this known to journalists at the Magistrate Court, Makurdi, the Benue State Capital on Thursday.
He described the continued detention of his client at the Correctional Center in Yaikyo, Makurdi as ‘illegal, unconstitutional and unwarranted.’
He explained that all efforts made to secure bail of his client even when the High Court had ordered his release on bail, have been frustrated by the Chief Magistrate, His Lordship Taribo Attah.
“The fact of the matter is that on the 25th August, 2023, my client Paul Terhemba Gyenger who is the defendant in this case currently at the Correctional Centre in Yakyo, Makurdi, Benue State was arrested upon a complaint by Governor Hyacinth Alia on the ground that he made a post in his Facebook page tagged, ‘it is alleged that other states have collected their Palliatives and in Benue State, the Governor has diverted the sum of two(2) billion naira and is completing his house in Kuje area of Abuja’.
“He said it is alleged, he did not say he knew. It was based on that he was arrested on that Friday. We went to the Police who said they will arraign him in court. They did not and on the 28th August, 2023, I filed a fundamental enforcement order against the defendants, that is the Governor, Commissioner for Justice and the Commissioner of Police at the High Court 10.
“Upon being served with that particular process, the third respondent in this matter, the Commissioner of Police arraigned my client on the 31st August, 2023 at the Chief Magistrate Court 1 presided over by His Worship Taribo Attah and I filed motion for bail in his court. The matter came up and he adjourned it to 11th September, 2023,” Mue explained.
The Legal Adviser further explained that the offences alleged are bailable because “they are complaining of conspiracy, defamation of character, cybercrime stucking which are ordinarily bailable. When the Magistrate heard our application, he adjourned to 20th September, 2023 for ruling in this type of application. Fortunately for my client, the High Court 10 which we approached, granted our application for bail.
“On the 12th September, 2023, an order was served on the Magistrate His Lordship Taribo Attah. Before this process was served on the Magistrate, he closed by 1pm and left me in the court. I waited till 4pm on the 12th September, 2023 and this morning 13th September, 2023, I filed a motion ex parte because the High Court directed the Court to fix bail terms and not anything. And the Chief Magistrate told me that it is an abuse of court process and he cannot comply with it.
“I then, directed him to section 34 sub 3 of the administration of criminal justice law which entiltles him to grant bail as the original remand notice was to expire on the 7th September, 2023. I’m talking to you, the continued detention of my client in Yaikyo Correctional Centre is illegal, unconstitutional and unwarranted. They just want to use the coercive powers of the State to perpetually keep him behind bars. I am left with no option than to file application to release my client.
“It is very unfortunate that this is happening under a democratic dispensation where the rule of law is displayed. By virtue of section 287 sub 3 of the Constitution of the Federal Republic of Nigeria, the Magistrate has no option than to comply with the High Court and he has violated the law and is in contempt. I’m going to follow due process to ensure that my client is released from illegal detention,” Mue maintained.