2. Whether the actions of the Defendants Agents in re arresting and detaining the Applicant without charge as they did is unlawful and a violation of Applicants rights as provided under Article 6 of the African Charter, Article 9 of the International Covenant on Civil and Political Rights and Articles 3 and 13 of the Universal Declaration of Human Rights. The right to enjoy respect for their liberty and security by all human beings is recognized by law. It is axiomatic that without an efficient guarantee of the liberty and security of the human person, the protection of other individual rights is vulnerable and illusory. Despite this recognition, arrest and detention without reasonable cause and devoid of legal remedies to victims are common place in most jurisdictions, the world over. In the course of such arbitrary arrests and deprivation of liberty, the victims are also deprived access both to their lawyers, their own families and subjected to torture and other forms of degrading and in human treatment. Article 9(1) of the International Covenant on Civil and Political Rights and Article 6 of the African Charter on Human and Peoples ‘Rights (the relevant International Instrument for the determination of this case) guaranteed a person’s right to personal liberty and security. The diction of the International Court of Justice (ICJ) in the Hostages in Teheran case (America vs. Iran) ICJ REP (1980) p. 42 para.91 is instructive viz: “Wrongfully to deprive human beings of their freedom and to subject them to physical and constraint in conditions of hardship is in itself incompatible with the principle of the Charter of the United Nations, as 29

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