R. D. MUHAMMAD, JCA (DELIVERING THE LEADING JUDGMENT): The appellant is said to be an Islamic Scholar and a teacher. He has two wives and twelve children. He has been residing in Zaria with the family for about fifty years. On or about the 2nd day of December, 1993 he was arrested by Security Officers comprising Police Officers, State Security Service Officers and Immigration Officers. He was detained in a cell for about forty-eight hours. On the 4th of December, 1993, the appellant was moved out of detention, and was served with a deportation order issued by the Minister of Internal Affairs i.e., the first respondent herein. He was accordingly, transported to the Nigeria-Niger Republic border, near Illela, and was handed over to Immigration Officials of the Niger Republic.
The appellant filed a suit at the Kaduna State High Court of Justice, for the enforcement of his fundamental right. The State High Court struck out the suit on the ground that, it lacked jurisdiction to entertain t…