at Sokoto Zonal office of the 1st Respondent and to this, the
applicant did not file any further affidavit.
With all the foregoing facts before the Court, the applicant’s
Counsel Mr. A.M. Dambuwa Esq then submitted that the
constitutional and legal rights of the public authorities to
deprived a citizen of his fundamental right to personal liberty,
has been protected by the constitution to prevent abuse, and
where a detention of a citizen is done not in compliance with
the law, then such detention is illegal and un constitution.
- Section 35 (4), (5) (a) of the 1999 Constitution of the
Federal Republic of Nigeria {as amended}
He further submitted that those whose rights have been
violated have the right to approach Court for redress
- Section 46 (i) of the constitution of the FRN 1999 as
amended.
- Jimjaya V. COP Rivers State {2013} 6 NWLR pt 1392
p 443
- Order 2 Rules 1-3 of the fundamental Rights
{enforcement procedure} Rules, 2009.
It was his submission that the respondents having breached
the constitutional right of the applicant to personal liberty
and freedom of movement guaranteed by the Constitution, the
applicant is entitled to the grant of the reliefs sought.
In his response, the respondents’ counsel Mr. Habila Jonathan
Esq submitted that the Respondents did not in any way
breached the constitutional rights of the applicant as alleged,
but were discharging their statutory duty of receiving a
complaint and investigating the Crimes alleged to have been
10