and authority to the deponent to depose to the counter
affidavit.
It was his submission that since paragraphs 2 and 4 of the
Applicant’s supporting affidavit was not countered, it
amounts to an admission and this court is at liberty to accept
and act upon them.
- Salawu V. Yusuf (2007) ALL FWLR pt 384 p 230.
- Mabamije V. Otto (2016) LPELR 26058.
Applicant’s Counsel further submitted that the Respondents’
counter affidavit contravenes Section 155 (1) and (3) of the
Evidence Act, 2011 because the deponent did not set forth
explicitly the facts and circumstance forming the ground of
his belief.
He further submitted that the detention is a violation of the
Applicant’s rights guaranteed under Sections 34 (1) (a), 35 (1)
and 36 (1) (5) of the Constitution of the Federal Republic of
Nigeria 1999 as amended.
He finally urge the court to grant the application as prayed.
Arguing their position, the Respondent’s Counsel submitted
that the arrest and detention of the Applicant is lawful and
constitutional because he was arrested upon a reasonable
suspicion that the Applicant has committed the offence of
Rape.
- Section 32 of the Police Act, 2020.
- Section 35 (1) (c) of the CFRN 1999.
- Anajemba V. FGN (Supra)
- Ekwenugu V. FRN (2001) 6 NWLR pt 708 p 171.
- Asari V. FRN (Supra)
Page 6 of 9