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GENERAL SANI ABACHA & ORS v. CHIEF GANI FAWEHINMI

(2000) JELR 43966 (SC)

Supreme Court  •  SC.45/1997  •  28 Apr 2000  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC MICHAEL EKUNDAYO OGUNDARE JSC UTHMAN MOHAMMED JSC ANTHONY IKECHUKWU IGUH JSC GODFREY OKAY ACHIKE JSC SAMSON ODEMWINGIE UWAIFO JSC AKINTOLA OLUFEMI EJIWUNMI JSC

Judgement


MICHAEL EKUNDAYO OGUNDARE, JSC (Delivering the Leading Judgment): The facts of this case are simple enough. The respondent, a legal practitioner, was arrested without warrant at his residence on Tuesday January 30, 1996 at about 6 a.m., by six men who identified themselves as operatives of the State Security Service (hereinafter is referred to as SSS) and policemen, and taken away to the office of the SSS at Shangisha where he was detained. At the time of his arrest the respondent was not informed of, nor charged with, any offence. He was later detained at the Bauchi prisons. In consequence, he applied ex-parte through his counsel, to the Federal High Court, Lagos pursuant to the Fundamental Rights (Enforcement Procedure) Rules 1979 for the following reliefs against the 4 respondents who are now appellants before us and shall hereinafter be referred to as appellants:-

1. A declaration that the arrest of the applicant, Chief Gani Fawehinmi at his residence at 9A Ademola Close GRA, Ikeja…

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