Lawyer Arrested And Detained For Preparing Deed Of Assignment For Suspect

A Lawyer, Abu Ruqayyah, has drawn the attention of the President of the Nigerian Bar Association, Olumide Akpata, and the Chairman of the Kano branch of the Association, to the continued detention of another lawyer, Shamsudden Musa (Aka. Kainuwa) by the Nigeria Police Force (FCIID Area 10 Garki, Abuja) against a valid order of court granting him bail.

According to a press statement made available to The Lawyer, Shamsuddeen has been in the custody of the police for over 88 days for services rendered to a client in his professional capacity.

The statement stressed that, the High Court of the FCT had on July, 25th granted him bail which the police had flagrantly ignored.

“I wish to draw the attention of Olumide Akpata (President NBA), the Chairman NBA Kano Branch and the Nigerian lawyers to the long and illegal detention of one of us in person of Shamsuddeen Musa (aka KAINUWA) by the Nigeria Police Authorities (FCIID Area 10 Garki Abuja) for over 88 days for rendering service to his client and acting in his professional capacity.”

The statement continued, “In the Enforcement of his Fundamental Rights suit, the High Court of FCT on 25/07/2022 in Suit No. FCT/HC/CV/2443/2022 Motion No. M/9380/2022 Between Shamsuddeen Musa vs. IGP & 9Ors before his lordship, Hon. Justice Eleojo Enenche (Vacation Judge 3), the court made order directing the Nigeria Police (Respondents in the matter) to grand bail to Mr. Shamsuddeen Musa (Applicant). All the Respondents were duly served with Order of Court.

However, the DIG FCIID Mr. Johnson Babatunde Kokumo and other Respondents ignored the order of court and refused to release Kainuwa on bail. It is very unfortunate to see that the Nigeria Police has no more regards or respect to the fundamental rights of Nigeria Citizen and Nigeria Criminal administration of justice.”

The statement which condemned the police for brazenly violating the fundamental rights of Shamsuddeen and disobeying a valid order of court, said Shamsuddeen was simply detained for preparing a Deed of Assignment in respect to a sale transaction which the police is said to be investigating the money used to purchase the property.

Ruqayyah argued that the law is settled that a legal practitioner is not required to inquire before receiving his fees from his client to find out the source of the fund. He described the police force as a big embarrassment to rule of law in Nigeria and called on the NBS President to urgently intervene in the matter.

The statement continues: “What is Shamsuddeen Musa (Kainuwa) offence?

The answer is simple. That he prepared a Deed of Assignment (legal instrument) for his Client in respect to a sale transaction and the Police are investigating the money used to purchased the property. That his client is alleged to have obtained the money by fraud and he knew it.

Mr. Shamsuddeen Musa (Kainuwa) is innocent beyond iota of doubt. He only acted in his professional capacity. The law does not require a legal practitioner to enquire about the source of the money from which he is paid his legal services. Also, that a legal practitioner is entitled to his fees. See, GUARANTY TRUST BANK PLC & ANOR VS. UDOKA ANYANWU ESQ, (2011) LPELR – 4220 (CA)

Also, the court in FRN vs. Chief Mike Ozekhome (SAN) held that: “No doubt a Legal Practitioner is entitled to his fees for professional services rendered and such fees cannot be rightly labeled as proceeds of crime. Further, it is not a requirement of the law that a legal practitioner would go into inquiry before receiving his fees from his client, to find out the source of the fund from which he would be paid.”

Ruqqayah further stressed, “The primary duty of the Nigeria Police Force is to protect the lives and property of the citizen, but what we are seeing now is the opposite. Our security agencies have become a big embarrassment to us a nation, especially when it comes to abuse of human rights.

Consequent upon the above, I wish to stress that the Nigeria Police Authorities have committed 3 fundamental abuses: a) abuse of Shamsuddeen Musa fundamental rights, b) abuse of the administration of justice system (contempt of court ) and c) abuse of the Federal Republic of Nigeria 1999 Constitution.

On this, we wish to call on Mr. Olumide Akpata President of the NBA to urgently intervene in this matter and speak against the unlawfully detention of a lawyer Shamsuddeen Musa who is presently in the custody of the Nigeria Police FCIID Area 10 Garki Abuja, even in the face of court order to release him on bail.

We shall continue to pursue the enforcement of fundamental rights suits against the IGP, DIG FCIID and 7others to its final determination. AND if judgement is deliver in our favour, we shall enforce it personally against the Respondents.”