By the combine effect of the provisions of sections 292 (1)
read together with 295 (1), (2) and (5) a of the ACJL No. 8 of
Sokoto State 2019, where an arresting agency seeks to detain
a suspecting custody pending investigation of the commission
of a crime beyond the one day permitted by the constitution,
then the agency must of necessity do so in compliance with
the procedure provided in the foregoing sections of the ACJL
of Sokoto State by approaching the Court within one day
after the suspect’s detention for leave to so keep him in
custody for a certain period of time as regulated by those
provisions.
Any act to the contrary, must be viewed and declared clearly
as a breach of the suspect’s fundamental right to personal
liberty and freedom of movement guaranteed by the
constitution of the FRN.
In the instant case, there is no any evidence before this Court
to show that the respondents did obtained the order of any
court to continue to keep the applicant under their custody
from 9th – 16th March, 2020 after the expiration of the one
day period permitted by the constitution apart from the fact
that the applicant was unable to fulfill the bail conditions.
The case of Ene V. Bassey {supra} Cited by the Respondents,
only apply where an applicant for bail cannot get a surety but
not where stringent conditions of bail are imposed as in this
case.
It is trite law that it is against the spirit of the law to impose
excessive and stringent conditions for bail as that amount to
refusal of the bail. Because conditions of bail must not be
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