In summary, the Applicant’s case is anchored on the fact that the
Respondents arrested and detained the Applicant on the 27/10/2020
without any justification and in lieu of another suspect, nor was he
informed of the reason(s) for his arrest in violation of his fundamental
right to personal liberty as guaranteed by the United Nations Declaration
of Human Rights and the Constitutional of the Federal Republic of
Nigeria, 1999 as amended.
In arguing the application, Applicant’s Counsel formulated two (2) issues
for determination and are hereby reproduced as follows:1. “Whether the Applicant is entitled to the
reliefs sought in the circumstances of this
case.”
2. “Whether the Applicant arrest in place of
another suspect is within the contemplation of
the law and justify.”
Respondents’ Counsel on the other hand, formulated only one (1) issue for
determination and is hereby reproduced below as follows:“Whether the mere invitation of the Applicant
by the Respondents for an interview, amount
to or a likelihood of infringement of the
Applicant’s fundamental right under Sections
35 of the 1999 Constitution so as to warrant
this court to grant him the orders/reliefs
sought.”
Upon consideration of the processes filed and the issues formulated by the
parties in this originating Motion, this court for the purpose of this
Page 4 of 12