He further argued that the issue of presumption of innocent is
too early to be raised at this stage of bail application.
- Nwude V. FGN (2005) 1 NCC 196.
By the provisions of Order 2 Rules 1 and 2 of the
Fundamental Rights (Enforcement Procedure) Rules 2009
and Section 46 (1) of the CFRN 1999 as amended, any
person who alleges that any of his rights under Chapter 4 of
the CFRN 1999 as amended has been or is being or is likely
to be breached, may apply to this Court for redress.
- Hassan V. EFCC (2014) 1 NWLR pt 1389 p 607.
- Ransome Kuti V. AGF (1985) NWLR pt 6 p 211.
- Fajemirokun V. Commercial Bank (Nig) Ltd (2009)
5 NWLR 588.
The Applicant in paragraph 3-12 of their affidavit alleged that
he was arrested and detained since 10th August, 2021 because
he was seen discussing with a girl and accused of sleeping
with her without charging him before a court of competent
jurisdiction nor was he released on bail despite his solicitor’s
letter to the 2nd responding requesting for his release.
Although by the provisions of Section 35 (1) (c) of the
Constitution of the Federal Republic of Nigeria 1999 as
amended a person’s right to personal liberty can be deprived
temporarily where he is reasonably suspected of having
committed an offence as in this case, by the provision of
subsection (4) of the same Section 35, the detainee is entitle to
be released conditionally or unconditionally where he is not
taken to court for his trial within a reasonable time on
conditions reasonably necessary to ensure that he appears for
his trial at a later date.
Page 7 of 9