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ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): The 1st Respondent, who was arrested and remanded for a period of over 12 years without arraignment, filed an application before the High Court of Lagos State Coram O.A. Akinlade, J., seeking the enforcement of his fundamental rights.
It was the case of the 1st Respondent that sometime in December 1998, some rogues came to loot his provisions store. In the process of defending himself, a fight ensued between him and the rogues. One of the rogues fell down, while the others ran away. The 1st Respondent was arrested by the police and taken to Tin Can Police Station. The next day he was informed that the rogue that fell down had died. He was later transferred to State CID, Panti, and from Panti he was taken to the Magistrate Court 1, Yaba. He was remanded and remained in prison custody from 8/1/1999 till he filed the application leading to this appeal, in September, 2011.
The Appellant, who was the 2nd respondent before the low…