Justice Oyindamola Ogala of a Lagos High Court sitting in Ikeja on Monday ordered the unconditional release of a man, Kazeen Adeshina. He spent 15 years in the correctional facility without charge or trial.

Fundamental rights enforcement suit

In a fundamental rights enforcement suit marked No: D/16997MFHR/24 filed by his counsel. Mr. Ben Okeke Abraham, the judge held that detaining Adeshina in prison without charge or trial is unjustifiable.

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Abraham has filed the suit against the Lagos State Attorney General, the Commissioner of Police. And also the Controller of the Nigerian Correctional Service, Lagos State, as the first to third respondents respectively.

Application details

In his application, brought pursuant to Section 46(3) of the 1999 Constitution. And under the Fundamental Rights Enforcement Procedure Rules 2009. The applicant prayed the court for a declaration that the arrest and continued detention of Adeshina in the custody without a trial is illegal. It is a gross violation of the applicant’s fundamental human rights.

The applicant sought an order directing the immediate and unconditional release of Adeshina from the custody of the 3rd respondent at Medium Correctional Center, Kirikiri, Lagos.

Additionally, he sought an injunction restraining the respondents, their agents, or privies from further breaching the applicant’s fundamental human rights as enshrined in the 1999 Constitution of Nigeria. And an order admitting the applicant to bail pending his arraignment in court.

Supporting affidavit

In support of the application, the applicant filed an affidavit of urgency consisting of six paragraphs and a supporting affidavit of 15 paragraphs deposed to by Joe Ameh, the Executive Coordinator in the office of ZAREPHATH AID, dated March 8, 2024.

The applicant’s counsel referred the court to the provisions of Section 35(1) of the Constitution and submitted that whenever a deprivation of the right to personal liberty is sought pursuant thereto, such deprivation must satisfy two conditions to meet the approval of the Constitution.

Court’s ruling

While ruling on the application, the judge held that, “the arrest and continued detention of the applicant in the custody of the 3rd Respondent at Medium Correctional Center, Kirikiri, Lagos without a trial at the instigation of the 2nd Respondent since 2009 without a formal charge and trial is wrongful, illegal, unjustifiable and a gross violation of the applicant’s fundamental human rights as enshrined in the 1999 Constitution of the Federal Republic of Nigeria and the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap.10.”

Justice Ogala said, “As afore-stated, there is an unchallenged fact that this applicant has remained in custody for about 15 years and is yet to be arraigned before a court of competent jurisdiction.

“The presumption of innocence enshrined in our Constitution remains sacrosanct and it is indeed a travesty of justice for this to occur within our administration of criminal justice, no matter where the delay emanates from.”

“Counsel to the 1st respondent has exhibited correspondence to the Police to transfer the suspect for arraignment since at least 2003, which have remained unattended to, and it appears that this applicant has ‘fallen through the cracks’ and thus remained in custody for such years without trial.”

“The presumption of innocence in our constitution remains sacrosanct. It is clear to this Court that no good cause has been exhibited necessitating the continued remand of the Applicant and therefore this Court finds that the applicant is entitled to the declaratory order sought.”

She therefore ordered the immediate and unconditional release of the applicant. From the custody of the Correctional Center (3rd Respondent) at the Medium Correctional Center, Kirikiri, Lagos.

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