MUSA v. A.G, KANO STATE & ANOR

Judgment

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This Appeal emanated from the decision of Kano State High Court in Suit No. KM/105/2012, delivered on 26th September, 2012 by Hon. Justice S.B. Na-Malam, wherein the learned trial Court declared the detention of Appellant for 10 years, without charging him to Court, as infringement to his Fundamental Rights. However, the Court awarded only the sum of N200,000.00 (Two Hundred Thousand Naira) to him as general damages and refused some other reliefs sought.

At the trial Court, Appellant, (as Applicant) had filed the Suit to enforce his fundamental rights and after hearing the case and considering the affidavit evidence, the trial Court held for the Applicant (Appellant) and said: ​“Having taken the position stated by my learned brother (in the case of Ajayi Vs A.G.

Federation (1998) 1 HRLA, delivered by Odunowo J., which he relied on) I am of the view that the applicant having stayed in custody for 10 years without being taken to Court of competent jurisdiction for an offence which he is presumed innocent, which (sic) no end in sight of when he is to be charged, amounted to violation of the applicant’s right as stated earlier and is entitled to compensatory damages; I therefore awarded (sic) the sum of N200,000 (Two Hundred Thousand Naira) against the 2nd Respondent in favour of the Applicant.

In the final analysis the Applicant’s application succeeds and I hereby make the following declarations, as follows (sic): (1) A Declaration that the detention of the applicant for a period of ten years from April, 2002 to date without being charged to a Court of competent jurisdiction is a violation of the applicant entitlement to a right of fair hearing within a reasonable time. (2) That the sum of N200,000.00 (Two Hundred Thousand Naira) is warded (sic) to the applicant as compensatory damages for violation of his right as stated in (1) above. (3) That applicant be released forthwith unconditionally by the officer in charge of Central Prison, Kano or wherever the applicant is being detained.” See Pages 116 – 117 of the Records of Appeal.

At the Lower Court, Appellant had asked for the following reliefs: (1) Declaration of this Court that arrest of the applicant without reasonable suspicion of having committed any crime and his subsequent detention for a period of 10 years from April, 2002 to date without trial is against the Constitution of the FRN 1999, African Charter on Human and Peoples Rights and Universal Declaration of Human Rights and violation of the applicant’s Fundamental Human Rights to personal liberty, freedom of movement and right to fair hearing within reasonable time (sic) and the applicant is entitled to damages. (2) Declaration of this Court that detention of the applicant at the instance of the respondents for a period of 10 years from April, 2002 to date without trial, while the respondents have been charging and prosecuting other suspect offenders who were arrested much later than the applicant, constitutes violation and infringement of the applicant’s right to freedom from discrimination as enshrined in the Constitution of FRN 1999 and African Charter on Human and People’s Right (sic) and the Applicant is therefore entitled to damages. (3) Declaration of this Court that torturing the Applicant by flogging with cable wire and beating with stick for a period of forty-one days by the agents of the 2nd respondent while under their custody amounts to torture, cruel and inhuman treatment which are illegal, unconstitutional and the applicant’s is therefore entitled to damages. (4) An Order of the Court awarding the sum of N9,280,000.00 as specific damages against the respondents jointly and severally in favour of the Applicant for loss of earnings for periods of 10 years from April, 2002 – 31st December, 2011. (5) An Order of this Court awarding the sum of N200,000,000.00 as general and exemplary damages against the respondents jointly and severally. (6) An Order of the Court unconditionally discharging and releasing the applicant from prison custody. (7) An Order of this Court compelling the respondents to tender a public apology to the applicant in respect of this matter by publishing same in one of the newspapers circulating in Kano State. (8) Any other order(s) as this Court may deem fit to make in the interest of justice. (See Pages 5 and 99 – 101 of the Records of Appeal).