facts to substantiate
the objection
application and the introduction
the Comptroller
the warrant
procedure
apart
from the lateness
of the
of the Holding Charge and the notice to
of Prison, Kiri-kiri Maximum Prison, Lagos to produce
of detention.
In view of Article 87 (5) of the Rules of
of this Court, the Court made an order
that decision is
reserved for the final judgment.
7.
The question
documentary
is: Is it appropriate
evidence
substantiating
to allow a motion
introducing
the main application
after the
parties have closed their arguments and adjourned for judgment?
8.
It is trite that pleadings may be amended which introduced
which are not in dispute at any stage before judgment
material fact
is pronounced.
What this motion sought to do is akin to the statement stated above that
pleadings may be amended
before judgment.
and documents
not in dispute introduced
This COUlt grants the reliefs sought and state herein
that the matters introducing
the motion shall be considered
in this suit
to determine whether the detention of the applicant in this case in Kirikiri Maximum
Prison from
2003
to date without trial amounts
to a
violation of human rights of the applicant.
LEGAlJ ARGUMENTS
9.
Learned
Counsel
BY THE PARTIES
to the Applicant
submitted
applicant was violated by his continuous
that the right of the
detention
for nine (9) years
without trial. Learned counsel for the Plaintiff/applicant
submitted
that
the right of the Plaintiff was violated upon as stated in the application
and further contended that the detention in tl.e manner described in the
application Vias contrary to Article 1,2,3,4,5,6,7,8 and 26 of the African
Charter on Human and People's Rights and Articles 2(3) sub (1) and (2)
4