“12. That with reference to paragraph 10 of the 1st
respondent’s counter affidavit is not true. And in
furtherance to this, it is irrelevant because the
applicant is fighting for his Fundamental Human Rights
infringed by the 2nd and 3rd respondents on the behest
act of 1st respondent.”
As earlier reproduced in this judgment and at the risk of
repeating myself, paragraph 10 of the 1st respondent’s counter
affidavit reads:“10. That in my present and indeed other on lookers,
inspector Bala Bello attempted to arrest the said Fahad
Umar, but the applicant interrupted the arrest and with
his (applicant) help, Fahad Umar run and entered their
house and therefore cannot be arrested at that point.”
The foregoing paragraph 12 of the applicant’s further and
better affidavit in response to the 1st respondent’s counter
affidavit, is substantially the same with paragraph 13 of the
applicant’s further and better affidavit in response to the 2nd
and 3rd respondents’ counter affidavit.
Furthermore, paragraphs 10 and 12 of the applicant’s further
and better affidavit which are responses to the averments
contained in paragraph 5 (c) and (d) of the 2nd and 3rd
respondents’ counter affidavit, are also evasive because they
did not specifically controverted or disputed the claim of the
2nd and 3rd respondents as to why the applicant was arrested
and detained before the First Information Report was
prepared against the applicant for the offence of screening
of offender as shown by exhibit “POL.B” annexed to the 2nd
and 3rd respondents’ counter affidavit.
17