VICTOR AIMEPOMO OMAGE, J.C.A. (Delivering the Leading Judgment): In this appeal, the appellant sought in the High Court, Calabar on 14/6/05:
(i) "A declaration that the arrest and detention of the applicant not being in consonance with the provisions of section 35(i) (c), Constitution of the Federal Republic of Nigeria 1999, (in that the respondent cannot reasonably suppose that the applicant is reasonably suspected of having committed any criminal offence in flagrant violation of the said Constitution and so wrongful and unlawful).
(ii) "A declaration that the removal of applicant's wearing effects save his shorts, the non provision of beds or other sleeping materials, thus causing applicant to either stand up sleeping, sit sleeping or sleep on bare cold floor in the present inclement weather constitute inhuman and degrading treatment, torture and therefore unconstitutional, wrongful and unlawful."
The grounds upon which the orders are sought are stated in the record of proceedings i…