Applicant is entitled to the grant of the reliefs
sought in this application.”
In summary, the Applicant’s case is anchored on the fact that
the 2nd Respondent through his officers arrested the Applicant
and took him to Chief Magistrate Court where he was
detained from 10th of August, 2021 without being charged to
court or released on bail despite the letter written by the
Applicant’s Counsel dated 2nd June, 2021 addressed to the 2nd
Respondent requesting for the release of the Applicant.
Although the said letter was alleged as Exhibited vide
paragraph 11 of the Applicant’s supporting affidavit as
Exhibit ‘A’, that letter could not be apparently seen as an
annexure to the Applicant’s supporting affidavit.
Applicant’s Counsel submitted that the arrest of the
Applicant and his subsequent detention for more than one (1)
year without his trial, constitute a breach of His Fundamental
Human Rights and an abuse to his personal dignity.
- Adesina V. Air France (2013) 47 WRN 113.
- FRN V. Ifegwu (2003) 5 NSCNJ 217 at 245.
The detention according to him, is not in compliance with the
provisions of Section 35 (5) (a) of the CFRN 1999 as
amended, and the provisions of the ACJL of Sokoto State
2019.
He further submitted that by the provisions of Section 37 and
38 of the Evidence Act, 2011, the facts averred in the
supporting affidavit are hearsay and inadmissible and referred
to paragraphs 1-6 of the Respondent’s counter affidavit which
it was not shown that 2nd – 4th Respondents gave their consent
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