Under that law that the detention order has to made “in writing’, and same be
delivered to the person so detained. The Defendants did not deliver any such
order to the Applicant, neither have they shown this Honorable Court that there
was a written order upon which they acted.
During cross examination, DW1
said he wouldn’t know if a detention order was
sought before detaining the Applicant. He also said he is not aware that the
Applicant requested for their protection, but that it is within their mandate to
detain if for any reason they discover that the Applicant’s life will be in danger.
DWI
also acknowledged
that the Applicant was
granted bail and the bail
conditions were satisfied. On the question about the Applicant being detained not
pursuant to any judicial procedure, DW1
However,
admitted in the affirmative.
the said State Security (Detention of Persons) Act to which the
Defendants hinge their argument on has since been repealed on the coming into
force of the Constitution of the Federal Republic of Nigeria 1999. This is evident
in the Constitution of the Federal Republic of Nigeria (Certain Consequential
Repeals) Decree No: 63 of 1999, LFN which provides as follows:
. Subject to section 6 of the Interpretation Act ( which relates to the effect of
repeals, expiration and lapsing of enactments), the enactments set out in the
Schedule to this decree, including all amendments thereto, are hereby repealed
or consequentially repealed with effect from 29" May
1999. The schedule in
question included the State Security (Detention of persons) Act, 1990.
In para 2.25 of the Defendants amended defense, the Defendant argued that the
Applicants arrest is on further and fresh allegations independent of the charges
upon which bail was granted. The question is, was the applicant charged to Court
for the said “further and fresh” allegations”
37