See the case of MAMADOU TANDJA V. REPUBLIC OF NIGER & 1 OR (2010),
CCJELR, where this Court held that the arrest and detention must be premised on
legal grounds.
The plaintiffs alleged that Defendants’ Agents physically abused and inflicted
injuries on them while trying to abduct/arrest them. This assertion was denied by
the Defendant who put the Plaintiff to the strictest proof.
Ugochukwu Njemanze in his deposition on oath stated that when he received the
distress call from the first plaintiff, he went to the police station where the incident
occurred and thereafter took the 1st Plaintiff to the hospital as she sustained
injuries during her encounter with the Defendants Agents. The 3rd Defendant on
her part stated that as a result of injuries inflicted on her by the officials she went
to a pharmacy and obtained medication to treat the bruises and pain. See
paragraph 4.78 of the Application.
However, no medical report was attached in substantiation and no receipt of
medication purchased from the pharmacy as alleged by the 3 rd Plaintiff was
attached. None of the plaintiffs attached any photograph of the injuries sustained
in proof despite the assertions that the 1st and 3rd Plaintiffs were beaten and left
with bruises.
This Court has repeatedly stated that it will not act on mere allegation of violation
but each allegation must be substantiated with some concrete facts as the case
may require.
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