unreasonable or oppressive as to amount in effect to
punishment.
- Shuaibu V. FRN {2014} LPELR 22986
- Obioma V. FRN {2005} 13 WRN 131
Having held earlier in this judgment that there is no evidence
before this Court to show that the respondents obtained a
court order to detain the applicant from 9th – 16th March,
2020, in violation of the provisions of sections 292 (1) read
together with the provisions of section 295 (1), (2) and (5) (a)
of the ACJL of Sokoto State, the provisions having been
clothed with the constitutional flavor of section 35 (1) of the
1999 CFRN, the detention is therefore illegal. I so hold.
This Court having declared the detention illegal having been
done in contravention of the law and the provisions of section
35 (1), (4) and (5) (a) of the 1999 CFRN, is therefore
unconstitutional.
In the case of FRN V. Ifegwu {2003} 15 NWLR pt 842 p 113at
184, the Supreme Court held that whenever an aspect of
personal liberty is properly raised in any proceeding, the focus
on the constitutional question is intense and intensive, and a
solution which projects the essence of the constitutional
guaranteed should be proffered. On the whole, it is the view
of this Court that this application has merit.
Consequently, reliefs 1, and 3 are hereby granted while reliefs
2 and 4, are hereby refused.
Accordingly, it is hereby declared that the detention of the
applicant by Respondents is illegal, unlawful, unreasonable,
unjustified and unconstitutional and the respondents, are
15