MR. BUBA AMODU V. THE COMMISSIONER OF POLICE LAGOS STATE & ANOR

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Appellant was arrested by the Police during a Police raid on 13/11/2001, at Ijora Olopa, Lagos, and was taken to the Head-Quarters of Zone 2 of the Nigeria Police, Onikan, Lagos. He was arraigned before the Magistrate Court 2, Igbosere, Lagos, on 23/11/2001, and charged with robbery and possession of weeds suspected to be Indian hemp. He was remanded at the Ikoyi Prison, Lagos, that same day - 23/11/2001, and remained in prison custody since then.

He instituted an action at the Lagos State High Court by an Originating Ex-parte Motion dated 3/8/2007 for leave to apply for the enforcement of his fundamental rights. The Application was heard and granted on 16/10/2007, and he subsequently filed a Motion on Notice dated 18/10/2007 praying for -

A. A DECLARATION that [his] continuous detention in prison custody - - at the instance of the Respondents and/or due to the failure of the Respondents and/or their agents to take steps…