The High Court has directed the government to produce businessman Phillip Aroko in court by Monday, citing concerns over his continued detention without being formally charged or released on bond.
Aroko was arrested on Wednesday after voluntarily presenting himself to authorities in response to a police summons. The summons was issued in connection with the ongoing investigation into the murder of Kasipul Member of Parliament, Charles Were.
On Friday, the matter was certified as urgent by the presiding judge, who issued an order compelling the State to present Aroko before the court no later than Monday. The decision followed a petition filed by Aroko’s legal team, seeking his immediate release or arraignment in accordance with the Constitution.
The court also ordered that the application be served to all respondents by 3 p.m. on Friday and required them to file their responses by Monday. The judge made it clear that the State must appear in court to explain why Aroko has not yet been presented before a magistrate or released on bond.
Aroko’s legal team has raised alarm over what they describe as a serious violation of his constitutional rights. In a sworn affidavit submitted to the High Court, the lawyers stated that their client has been held incommunicado since his arrest. According to the affidavit, Aroko has been denied access to his legal counsel, family, and friends, with no formal charges brought against him.
The legal team contends that repeated appeals for Aroko’s release on reasonable police bail have been ignored by the authorities. Furthermore, the State has allegedly failed to provide any legal basis for his ongoing detention.
The affidavit states, “This is a clear, calculated, and unlawful affront to both constitutional guarantees and the basic dictates of due process.” The legal team is now urging the High Court to step in to prevent what they believe could become an illegal and indefinite detention.
According to the Constitution, anyone arrested must be brought before a court as soon as reasonably possible, and no later than 24 hours after arrest, excluding weekends and public holidays. Aroko’s lawyers argue that the State is in breach of this constitutional requirement, and they fear that his rights are being deliberately undermined.
The case has drawn public interest due to its connection with the high-profile murder of MP Charles Were, a crime that has triggered a wide-ranging investigation and raised questions about political and business links to the incident. Aroko, a well-known figure in the business community, has denied any involvement in the MP’s murder.
His legal team, led by a prominent defense attorney, maintains that Aroko’s cooperation with authorities evidenced by his voluntary surrender demonstrates he has no intention of evading justice. They insist that there is no legal justification for detaining him without due process.
The High Court’s order for the State to explain its actions is being viewed as a significant test of the legal protections available to individuals in police custody. Legal observers note that the outcome of the proceedings could have implications for how future cases involving politically sensitive investigations are handled.
As of now, Aroko remains in custody. The court is expected to hear from the State on Monday and determine whether his continued detention is lawful or if he should be released or formally charged in relation to the murder investigation.
