the detention
warrant, it would be deduced that the withholding
of the
warrant is indicative of the fact that same would have been unfavorable
if produced.
Article 6 of the said African Charter on Human and Peoples'
Rights provides that every individual shall have the Rights to liberty and
to the security of his person and that no one may be deprived
of his
freedom except for reasons and conditions previously laid down by Jaw,
in particular no one may be arbitrarily arrested or detained.
53.
vVhat amounts
depends
to detention
laid dO""'11by law or arbitrary
on the circumstances
pJaintiff was detained
of the case. In the present
detention
case the
on exhibit 0 •.<\3 to wit, charge no Cj61/2003
against the applicant, Mr Sikiru Alade on which he was arraigned before
the Yaba Magistrate
Court Lagos and the order
Magistrate
16th
remanded
Court
on
May,
2003
made by the said
that the applicant
should
be
in Kiri-kiri Maximum Prison, Lagos and the court's order as
exhibit OA4.
54.
Also a sworn affidavit by Sikiru Alade- the applicant
February,
2012
himself on
2nd
in Kiri-kiri Maximum Security Prison before Mr. Kamar
Raji-a Notary Public marked as exhibit 01\5. The notice to produce the
detention warrant
served on the Deputy Comptroller
and his failure to produce the said detention warrant
of the defendant
in respect of the
applicant that he is in Kiri-kiri Maximum Security Prison are all pieces
of evidence of the truth
sufficient to persuade
of the detention.
These circumstances
arc
us to hold that indeed the plaintiff is in the said
prison Lagos.
55·
\\'here deprivation
of liberty continues for some time, the grounds that
originally warranted
detention may subsequently cease to exist. We state
that even though the original detention was by a competent
court, the
Magistrate court on a holding charge and by its definition as stated supra
20
-----
---
---