41.The Court
September
heard
and
the
Pafties
onj11
1 December
2010,
November
on
the
2009
various
and
on
12
applications
May,
29
brought
by
them.
12.0n 1 June 2011, the Court made an order declaring inadmisible the application
for joinder filed by the Army, admitted the Statement of Defence by the
Federal Republic of Nigeria and fixed 1 July 2011 for lodgment
of the Reply,
and 1 August 2011 as the date for lodging the Rejoinder.
13 On
1 July
2011,
the
Federal
Republic
of Nigeria
filed
additional
pleadings
amending its Statement of Defence.
14.On
10
November
2011,
Plaintiff
Counsel
filed
at
the
Court
Registry
his
response to the amended Statement of Defence.
.Upon
leave
Federal
sought
of the
Republic
from
the
Court,
granted
at the
hearing
of Nigeria
lodged
Court
Plaintiff Applicant
and
on 16 February
of 24 January
2012,
responded
the
2012,
final orders
thereto
Re
oy
wk
The Court heard the Parties on the merits of the case on 20 March
AS TO FACTS AND
-
it
by way.of
final written submissions.lodged on 9 March 2012.
-
the
a
2012.
LAW
Regarding the Applicant
The Applicant contended that on 13 November 2006, he was arrested along
with four (4) other persons on the allegation that a rifle was missing in General
Malu’s
house
investigations
in
Gboko,
conducted
matter, there was
Benue
for
the
State.
purposes
He
affirmed
that
of shedding. more
no trace of evidence as to his involvement
following
light
on
the
the
in case, and yet in
spite of that, he was detained from the date of his arrest to 15 May 2009,
when he was brought before the Court Martial on two charges: theft of
property belonging to the Army, and for abandoning his duty post during
official working hours. He alleged having been detained without trial for two
(2) years and six (6) months, upon the mere fact that he was indicted by a
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