Judgment
STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the decision of the Federal High Court, Abuja Division, delivered on 5th February, 2021 in Suit No. FHC/ABJ/CS/661/2018. The appellant as applicant instituted this action at the trial Court and claimed against the Respondent as Defendant all the sundry reliefs as per the Originating Motion, thus – 1.
A DECLARATION that the detention of the Applicant by the Respondent in its custody from 8th day of May, 2018 to 14th day of June, 2018, when he was only arraigned in this Honourable Court in criminal proceedings, which was thirty-eight (38) days inclusive of the day of his arrest without bail, without Court order permitting the Respondent to detain him beyond constitutionally mandated reasonable time, without charging him to Court for trial as required and mandated by law and without affording him legal services/counsel of his choice constitutes a violation of the applicant’s fundamental rights guaranteed under Sections 35 (1) (a- f), (4), (5) and (6) and 36 (1) and (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on Human and People’s Rights as ratified by the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, 1990 and was therefore unconstitutional, unlawful, illegal, null and void. 2.
AN ORDER of this Honorable Court compelling the Respondent to pay to the applicant the sum of Fifty million Naira (N50,000,000.00) being general and exemplary damages against it for breach of the applicant’s fundamental rights to personal liberty, psychological trauma. Etc. 3. AN ORDER of this Honorable Court compelling the Respondent to offer and render a public apology to the applicant to be published in two widely circulated National Newspaper for unlawful breach of the constitutional rights of the applicant’s right to personal liberty. 4.
And for such order or further order this Honourable Court may deem fit to make in the circumstance(s). There are 7 grounds propping up this Motion. These grounds are listed in the statement in support of the Application. The Motion is supported by an 8 paragraph affidavit deposed to by Hameed Ajibola Jimoh Esq., a counsel in the law firm of solicitors representing the applicant. The Respondent filed a counter affidavit of 12 paragraphs in opposition to the applicants’ Motion.
