Judgment
HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment) : The instant appeal arose as a result of the judgment of the Federal High Court, Abuja, coram A.I. Chikere J, delivered on the 1st day of March, 2019. By the said decision, the Court dismissed the preliminary objection filed by the respondents before it, and thereby entered judgment for the applicants now respondents herein, further awarding damages in the sum of N200,000.00 in favor of each of the respondents.
In brief, the respondents herein by way of an originating motion on notice brought pursuant to Order 1 Rules 2, 3 ,.4 and 5 of the Fundamental Rights (Enforcement Procedure) Rules 2009, Sections 35, 36, 37, 40, 41 and 46 (1) and (2) of the Constitution of the Federal Republic of Nigeria 1999 as amended, and Order II, Order XI, and Order XII of the Fundamental Rights (Enforcement Procedure) Rules, 2009, sought for the following orders: i.
A declaration that the arrest of the applicants in Abuja on January 7th, 20018 at Nera Hotel Abuja by the armed agents of the respondents without a warrant of arrest is illegal and unconstitutional as it violates the applicants fundamental right to dignity of the person and personal liberty enshrined in Section 34 and 35 of the Constitution of the Federal Republic of Nigeria 1999 as amended, and Article 5 and 6 of the African Charter of Human and Peoples Right (Ratification and Enforcement Act) Cap A10 Laws of the Federation of Nigeria, 2004. ii.
A declaration that the detention of the applicants since January 7, 2018 till date by the respondent in an underground detention center at the defense intelligence agency headquarters at Abuja is illegal and unconstitutional as it violate the applicants fundamental rights to dignity of the person and personal liberty enshrined in Section 34 and 35 of the Constitution of the Federal Republic of Nigeria 1999 as amended, and Article 5 and 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act CAP A10 Laws of the Federation of Nigeria, 2004. iii.
A declaration that the detention of the applicants since January 7, 2018 till date by the respondent without access to their lawyers and family members is illegal and unconstitutional as it violates the applicant’s fundamental rights to fair hearing enshrined in Section 36 of the Constitution of the Federal Republic of Nigeria 1999 as amended. and Article 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act CAP A10 Laws of the Federation of Nigeria, 2004. iv.
