- 15 7.0. ANALYSES OF THE COURT
7.1. We observe the following: That,
(a.) there has not been any challenge to the competence of this Court to entertain
this suit;
(b.) further, we observe that the Defendant did not file any Preliminary
Objection against the suit as constituted;
(c.) the Plaintiff did not file a reply to the defense of the Defendant; and,
(d.) we also observe that it is not in contention or dispute that the Plaintiff was
indeed arrested and detained by the Defendant by and through its agents of the
DSS.
7.2. The plaintiff filed this application against the defendant for gross violation
of his human rights occasioned by his being unlawfully arrested and detained as
a means of arresting a prime suspect of impersonation and on unfounded
allegation of impersonation as a DSS Staff. He further alleges that he was
maltreated and deprived of his personal belongings while in detention.
7.3. The Defendant, while denying Plaintiff’s allegations, starts out by saying
that the Plaintiff was lawfully arrested firstly, as the only means of getting to
one Mr. Shola, who was the prime suspect in a case they were investigating
(See paragraph 3 on page 1 of the defense), and that it was risky for them to
have released the Plaintiff since Mr. Shola was still at large because the Plaintiff
could have connived with Shola and thereby tamper with on-going investigation
they were conducting (See paragraph 9 on page 2 of the defense). Thirdly, the
Defendant claims that the Plaintiff was arrested because he was impersonating
himself as a staff of the DSS (See paragraph14 on page 2 of the defense), thus
his arrest was lawful and once they had taken his recorded statement and those
of the other suspect, Mr. Noel, they were released pending further investigation
(See paragraph 12 on page 2 of the defense). Finally, the Defendant denied
any form of maltreatment meted out to the Plaintiff or denying him access to his
lawyer, etc. (See paragraph 17 on page of the defense).
7.4. To fully address the issues raised here there is need to bring out the relevant
International and National provisions.
Article 6 of the African Charter on Human and Peoples Rights provides:
“Every individual shall have the right to liberty. No one may be deprived of his
freedom except for reasons and conditions previously laid down by law. In
particular, no one may be arbitrarily arrested or detained”.