NIGERIA ARMY V. FALMATA DUNOMA & ANOR

UZO. I. NDUKWE-ANYANWU, J.C.A. (Delivering the Lead Ruling): This is an Appeal against the Judgment of Hon. Justice Jude Kanyioh Dagat of the Federal High Court, Maiduguri delivered on Wednesday 5th December, 2018 in favour of the Respondents herein.

The Respondents as Applicants in the lower Court filed a suit for the enforcement of their fundamental rights seeking for the release of the 2nd Respondent who was arrested and detained on the 13th May, 2013 at the holding centres, Giwa Barracks, Maiduguri by the Appellant as Respondent without prosecution and or arraignment before any Court of law. The Respondents alleged that the 2nd Respondent was arrested by the Appellant on 13th May, 2013 and detained. Since then the Respondents alleged that the 2nd Respondent was not arraigned and not released by the Appellant. The Respondents and the Appellant filed their respective affidavits. The learned trial Judge in his considered Judgment held inter alia that there were inconsistencies in the…