separation of powers and the rule of law will transform to the Rule by Might and
enthronement of tyranny.
In Oko-Osi V. Akindele (2013) LPELR-20353(CA) the Nigerian Court of Appeal
held:
"Yet, it's a trite veritable principle, that obedience
to lawful orders
of Court is
fundamentally a sine qua non to the good order, peace and stability of the Nigerian
Nation, nor any notion for that matter. Paradoxically, the alternative to obedience of
lawful Court Order is brute self-help and anarchy. As authoritatively held by the Supreme
Court: Disobedience to an order of Court should, therefore, be seen as an offence directed
not against the personality of the judge who made the order, but as a calculated act of
subversion of peace, law and order in the Nigerian society."
The principle of presumption of innocence posit that everyone 1s presumed
imnocent until the contrary is proved. The constitutional provisions cited earlier
provide a time frame within which a person so arrested and detained is to be
brought before the Court of law. The Defendant in the instant case took laws
into their hands when they re-arrested, and continued to detain the Applicant
without any legal justification.
It 1s trite law that every person is presumed innocent until the contrary is
proved.
Likewise, the 36" principle of Body of Principles for the Protection of All
Persons under any form of Detention or Imprisonment of the United Nations,
states that:
[a] detained person suspected of or charged with a criminal offence shall be
presumed innocent and shall be treated as such until proved guilty according to
46
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات