From Godwin Tsa, Abuja and Lukman Olabiyi, Lagos

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Two courts sitting in Lagos and Abuja, respectively, yesterday, gave conflicting orders over the detention of chairman of Capital Oil and Gas Industries Limited, Dr. Ifeanyi Ubah.
While a High Court of the Federal Capital Territory (FCT),  Jabi, Abuja, granted the request by the Department of State Security (DSS) to detain Ubah for 14 more days in its custody, the Federal High Court in Lagos ordered the DSS to charge Ubah  to court within 48 hours or release him unconditionally.
In Abuja, Justice  Yusuf Haliru granted the DSS request to keep Ubah in detention after declining the business mogul’s application seeking to vacate the ex parte order made by the court on May 10, 2017, which gave the  security outfit 14 days to detain him.
Rather than grant Ubah’s request, Haliru advised his lawyer,  Mrs. Ifeoma Esom,  to file an application seeking his bail.
Ubah had argued that the order made by the FCT High Court, which elapsed on May 24, 2017, was secured based on suppression of facts.
The court held that it was constrained to grant the motion because the DSS got a valid order to detain him.
The judge noted that the ex parte order he granted on May 10 elapsed on May 24, and, therefore, advised Esom to go to the DSS to demand Ubah’s release.
However, delivering ruling on Ubah’s application brought pursuant to Section 292(2) yesterday,   the court observed that the section of Administration of Criminal Justice Act, 2015, on which Esom hinged the application, was wrong.
Justice Haliru stated that the only basis for the court to have granted Ubah’s request was, “If the application was predicated on health grounds.”
“There is nothing placed before the court to show that Ubah is having any ailment that required him to be moved out of the DSS detention facility to a better health facility.
“There are proper provisions of ACJA 2015, for which the application would have been filed, but this section used was a wrong one. Ubah’s application cannot be allowed to fly at this juncture because the DSS secured a valid court order to detain him. The order was lawfully obtained and there was no suppression of facts.
“Consequently, the application is refused and hereby dismissed,” the judge said.
Reacting, Ubah’s lawyer informed the court of her application brought pursuant to Section 296(3) of ACJA, seeking bail.
Meanwhile, the DSS lawyer, G.A Agbadua, brought another application pursuant to Section 296(2) of ACJA, seeking another 14 days to detain Ubah, which the court granted.
In Lagos, Justice Idris Mohammed of the Federal High Court ordered the DSS to charge Ubah  to court within 48 hours or release him unconditionally.