Justice Mohammed Idris had ordered the DSS and its Director-General, Mr Lawan Daura, to produce Mr Ubah in court today or show cause why he will not be produced.
But rather than produce him in court, counsel to the DSS told Justice Idris that it had obtained an order from a Federal High Court, in Abuja to keep the Chairman of Capital Oil and Gas Ltd in custody for another 14 days pending the completion of its investigation of the charges made against him.
The DSS is keeping Mr Ubah in custody on account of allegations of “economic sabotage” and diversion of petroleum products to the tune of N11bn.
His lawyer, Prince Ajibola Oluyede, on Friday urged Justice Idris to order his immediate release, especially on account of the flagrant disobedience of the court order by the DSS.
He also told the court that in disobeying the order the DSS and its Director-General acted in subversion to the authority and dignity of the court, by utilising what he termed as ‘abuse of court and power’.
The counsel representing the DSS and its Director-General, Mr Peter Okerinmade, however, asked the court to discountenance the submissions made by Mr Ubah’s lawyer.
He also told the court that his agency has filed an application challenging the court’s jurisdiction to entertain Mr Ubah’s fundamental rights application.
Justice Idris described the situation as sad and unfortunate.
He said it is clear that there is a direct conflict between his order and that of his learned brother Halilu J of FCT High Court.
In the circumstance, the court said it would act with great caution and not make any order that will have the effect of neutralising the order made by the FCT High Court.
He adjourned till May 18, for the hearing of all pending applications.
Counsel to the DSS declined to comment on the proceedings but Mr Ubah’s lawyer says he is certain his client will get justice from the court.