130. This Court further reiterated in MARTIN GEGENHEIMER & 4 ORS.v.
The REPUBLIC OF NIGERIA & ANOR, in its Judgment No.
ECW/CCJ/JUD/03/21 of 04 March 2021, §104 that: “The watch word for the
validity of any arrest is lawfulness and reasonableness. It follows therefore
that powers of arrest must not only be provided for under the law but the
grounds upon which it is exercised must be reasonable, otherwise what might
be initially lawful becomes arbitrary and illegal.” See the case of MR.
GODSWILL TOMMY UDOH v. FEDERAL REPUBLIC OF NIGERIA
(2016) ECW/CCJ/JUD/26/16, page 17 (Unreported)".
131. Reiterating the same position, see also the case of KODJO ALAIN
VICTOR CLAUDE v. LA RÉPUBLIQUE DE CÔTE D'IVOIRE, Judgment
N°. ECW/CCJ/JUD/09/21§53.
132. In the instant case, the Applicant was notified that he was being
prosecuted by the Public Prosecutor's Office at the Niamey High Court for
complicity in murder and assassination, and association with criminals, in
connection with a terrorist enterprise; He was charged for the same crimes
and arrested on 13 June 2013 by the investigating judge of the AntiTerrorism Chamber of the Niamey Special High Court. And after seven years
of detention, the Applicant has not only not been tried but remains in the pretrial jail.
133. This means that the Applicant has been in pre-trial detention for more
than 7 years.
134. The Niger Code of Criminal Procedure establishes that:
“Art. 131.1 bis: (Loi n° 2003-26 du 13 juin 2003). La détention provisoire
ne peut excéder une durée raisonnable, au regard de la gravité des faits
reprochés à l'inculpé et de la complexité des investigations nécessaires à
la manifestation de la vérité.
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