Justice Jude Dagat of the Federal High Court Maiduguri, yesterday ordered that Alhaji Ibrahim Shehu Damasoku and Sabo Yahaya, applicants in a law suit for the enforcement of their Fundamental Rights be produced beore the Court on Thursday February 4, 2021 for an accelerated hearing on their matter.
The Matter of Fundamental Rights enforcement was brought pursuant to Section 46(3) of the 1999 Constitution of the Federal Republic of Nigeria between the applicants and (1) The General Officer Commanding 7 Division, Nigerian Army, (2) The Chief of Army Staff, Nigerian Army, (3) The Nigerian Army and (4) Attorney General and Minister of Justice, Federal Republic of Nigeria seeking relief on five grounds.
The reliefs sought are: a declaration that the continued detention of Applicants at the detention cell of the 7 Division of Nigerian Army, Maimalari Cantonment, Maiduguri from 24th of November 2020 till date without being brought before a Competent Court and tried by the Competent Court is unconstitutional, unlawful, illegal, null and void. An order compelling the Respondents to either arraign the Applicants before a Competent Court of Law or to immediately discharge the Applicants from unlawful detention forthwith and Damages in the sum of N100 million (One hundred million Naira).
Other reliefs sought are written apology and for such further or other as the Honourable Court may deem fit to make in the circumstances.
The Applicants are seeking the reliefs on the ground that the arrest and detention by the Respondents without charging them to a Competent court of Jurisdiction violate the Applicants Right of dignity of human person and Right of personal liberty as guaranteed by section 34 and 35 of the 1999 Constitution of the Federal Republic of Nigeria ( as amended).
That the said arrest and detention of the Applicants is not in accordance with any procedure permitted by law and not justifiable in any circumstances stated under the constitution.
Citing facts in support, the Applicants said they are Nigerian citizens and resident in Damaturu, Yobe within the jurisdiction of the Court, that the Applicants were arrested within Maiduguri locality on 24th of November 2020.
The applicants have not been arraigned before any Court of Competent Jurisdiction.
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