The Lagos State division of the federal high court has ordered the Department of State Service, DSS, to release the Managing Director of Capital Oil and Gas, Ifeanyi Ubah within the next 48 hours.

Justice Mohammed Idris in his judgment held that Ubah should be released since the DSS has failed to file a charge against him.

Counsel to the DSS had during previous hearings challenged the jurisdiction of the court to entertain the case, arguing that Ubah was arrested in Abuja.

But Justice Mohammed berated the DSS for lying to the court that Ubah was arrested in Abuja, while from every available evidence, he was arrested in Lagos and flown to Abuja, where he has been detained for some weeks.

Ubah was arrested by DSS for allegedly diverting petroleum products belonging to the Nigerian National Petroleum Corporation, NNPC, which was stored in his facility in Lagos.

The oil magnate turned politician has also instituted a rights violation suit against the DSS at an FCT high court over his continued detention.

When the case came up for hearing on Tuesday May 23, the DSS, through a counter affidavit deposed to by one of its personnel, Safwan Bello, claimed that Ubah committed an offence of economic sabotage which is “punishable by death.”

Bello said that Ubah was arrested on reasonable suspicion of his involvement in the commission of crime as he diverted Premium Motor Spirit, PMS, commonly referred to as petrol, belonging to the NNPC.

“The PMS is worth over N11 billion,” he said. “The action of the respondent is affecting the distribution of petroleum products to the populace.

“The action of the respondent is sabotage of NNPC’s activities as it relates to distribution of petroleum products.

“If not for the urgent steps taken by the Federal Government, the action of the respondent would have plunged the country into widespread scarcity with its attendant effect on the economy”.