JUDGMENT
PARTIES
1.
The applicant /plaintiff
application
is Sikiru Alade, a citizen of Nigeria who in his
alleged that he was and still is in detention
at Kirikiri
Maximum Prison, Lagos.
2.
The defendant
is the Federal Republic of Nigeria, a Member
ECOW AS, 'with an address
General of the Federation,
State of
at the office of the Honourable
Attorney
Ministry of Justice, Ahuja, Nigeria.
FACTS OF THE CASE
3·
The applicant
Court on the
March,
lodged an amended
24th
2003,
day oyf June,
he was arrested
2011,
application
at the Registry of the
wherein he stated that on the 9th of
in Lagos by a plain cloth person who
claimed to be a police officer. He stated
that the said policeman
forcefully dragged him to the Ketu Police Station and detained him until
the 5th of May,
2003
when he was arraigned before the Magistrate Court,
Yaba Lagos, Nigeria for an alleged crime of Armed Robbery. 111at after
the arraignment
he was detained and ordered to be remanded
in prison
custody under a procedure in the Nigeria criminal justice system
as "Holding Charge". Hence he filed an application
knOW11
for violation of
human rights pursuant to Article 9(4) of Protocol A/PI/7/91
as amended
for the reliefs stated hereunder;
-------------------------.~
a. A declaration that indeterminate detention without trial under the
holding charge constitutes a violation of the right to fair trial
within reasonable time, presumption of innocence and right to
personalliberty
guaranteed under the African Charter on Human
and People's Rights.
2