The Federal High Court in Abuja, on Friday, ordered the Defence Intelligence Agency, (DIA) to produce Sheikh Abdulkadir Zaria in court on Feb. 18.
Justice Peter Lifu gave the order on Friday while ruling on the fundamental rights enforcement suit filed against the respondents by Zaria seeking his release from detention since December 2025, following his alleged involvement in the attempted coup against President Bola Tinubu.
The respondents listed in the suit are the Economic and Financial Crimes Commission, (EFCC), the DIA, the Attorney-General of the Federation and Jaiz Bank.
Sheikh, a Zaria-based Islamic scholar, was arrested by the EFCC and handed over to the DIA on allegations bordering on coup plotting.
His family raised the alarm over his disappearance after he travelled to Abuja following the alleged blockage of his bank account.
In his ruling, Justice Lifu held that having perused the case, the facts remained that Zaria was arrested by the EFCC and handed over to DIA for safe keeping.
Justice Lifu also said that Zaria had been in confinement since December 11 and had no access to his family and that an alleged detention order obtained by the respondents was neither exhibited or produced from the bar.
The judge held that as the case stood, there was no detention order authorising the applicant’s detention in a military facility as no judge or court was named to have issued it even after a three-hour stand down of the case.
He also held that the applicant from all the processes filed, was a civilian with no military background.
He therefore ordered the agency to produce the applicant in court for the purpose of admitting him to bail.
The court had ordered the respondents in the fundamental rights enforcement suit to show cause why the reliefs sought by Zaria should not be granted.
The court, in Suit No. FHC/ABJ/CS/55/26, had on February 6 directed the respondents to respond within 72 hours and fixed February 12 for continuation of hearing.
Counsel to the applicant, Mr Abdul Aliyu, SAN, had on Thursday informed the court that the respondents claimed to have obtained a court order authorising the Sheikh’s detention.
He, however, said that there was no such order even as the respondents had failed to produce same.
He also said that the argument of the respondents that they were keeping his client in safe custody was not tenable as it was unknown to law.
“They are saying they are keeping him in safe custody but I have perused the Defence Intelligence Agency Act.
“I know that their duties do not include keeping in safe custody people being investigated by the Special Investigation Panel,’’ he said.
The senior lawyer further contended that the argument of the respondents that his client would interfere with investigation or jump bail if released was baseless.
He said that they had not placed any evidence before the court to that effect.
He prayed the court to grant the prayers of his client but where the court was not minded to grant the prayers, the court should order that he be produced in court on the next adjourned date.
For his part, counsel to the EFCC, Mr M.C Odimbaiwe told the court that the applicant was not in EFCC custody.
Odimbaiwe told the court that the applicant was handed over to the DIA and that efforts were being made to find the nexus between the applicant and the EFCC.
When the judge sought to know for how long they had been trying to make the connection, the lawyer said that the legal unit of the commission had written to the investigation unit but was yet to receive a reply.
Counsel to the DIA, Mr I.O Odom told the court that he had filed a 19 -paragraph affidavit praying the court not to grant the applicant’s application.
Odom told the court that contrary to the argument of the applicant, there was indeed a valid court order obtained before he was detained.
He, however, said that he didn’t attach the order to his processes due to security reasons because of the sensitive nature of the case but he declined to say what the case was about in court.
The trial judge stood the matter down for three hours to enable Odom produce the said order.
Upon resumption, he informed the court that he was unable to obtain the document, explaining that the Chairman of the Special Investigative Panel was out of the country and would return on Thursday.
He was also unable to provide the name of the judge who allegedly issued the detention order or the court that granted it.
The judge then adjourned the matter until February 13 (Friday) for ruling.
The suit was brought over alleged violation of Sheikh Zaria’s fundamental rights, including his rights to personal liberty and dignity of the human person.
It also borders on the breech of his right to fair hearing and freedom of movement, as guaranteed under the 1999 Constitution (as amended) and the African Charter on Human and Peoples’ Rights.