of December, 2020 and subsequently detain him until 7th
December, 2020 in lieu of the applicant’s younger brother
without any justification and in violation of his constitutionally
guarantee rights under sections 35 (4) and 35(5) (a) of the
constitution of the Federal Republic of Nigeria 1999 as
amended and Articles 3, 4, 6 and 7 (a) of African Charter on
Human and Peoples Rights 1979.
In arguing the application the applicant’s counsel formulated
one {1} issue for determination and is hereby reproduced as
follows:“Whether or not the applicant is entitled to the grant of
the reliefs sought for in this application.
The 1st respondent counsel did not formulated any issue but
decide to adopt the sole issue as formulated by the applicant’s
counsel.
The 2nd and 3rd respondents’ counsel formulated three {3}
issues for determination in arguing their opposition to the
grant of this application and are hereby reproduced as
follows:(i)
Whether the applicant’s complaint or claim
against the investigation by the respondents in
to the complaint of crime reported to the 2nd
respondent could be brought by an application
under Order 2 Rule 1 and 2 of the Fundamental
Rights {Enforcement Procedure} Rules 2009
wherein the violation of sections 36(1), 35(4)
and 46(1) of the 1999 constitution as amended
6