to the main application
and the motion filed after the adjournment
for
judgment that the plaintiff had failed to show convincingly that he the
plaintiff/applicant
is in detention at Kiri-kiri Maximum Security Prison,
Lagos.
13.
He further submitted that the counter affidavit which they filed denied
the allegation ofthe plaintiff that he is in Kiri-kiri Prison. He contended
that even in the face of the further evidence filed after the adjournment
date for judgment, there was no sufficient proof. He urged the Court not
to attach any probative value to the annexure marked as exhibit showing
that the plaintiff is in Kiri-kiri Maximum Security Prison. He submitted
that it is settled law when documents are annexed to application
before
any court, the Court ought to look at such document and when a plaintiff
intends to amend his pleadings, he is required to follow the laid dO\<\-11
procedure for amendment.
He submitted that the motion brought by the
applicant to put forward documents of this nature invariably portrayed
the applicant as trying cunningly to amend his pleading.
14.
He contended that the Applicant ought to have applied to the Court to
amend his pleadings instead of adopting this approach. He relied on the
case of AZr,\ZI V. ADHEKEGBA (2008) ALL FWLR (Part 484) P.1548
NO.2, and contended
that the prayers in the motion
precluded
the
defendant from properly joining issues with the plaintiff on the set of
facts introduced by the pJaintiff.
15·
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He submitted
ontion~,..J, (if
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that the plaintiff/applicant
rea ching.the ...j'13'':''
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has failed to exercise the
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custody since it is elementary law under the Nigerian Criminal Law that
where an accused is charged to court, he or she is entitled to hail if such
an application
submitted
is brought before a Court of competent jurisdiction.
He
that the plaintiff has been caught by the term "laches" and
6