the violation of which would fall within the ambit of Article 9(4) of the Protocol of the Court, just to mention a few. 26. Learned Counsel to the Plaintiff/ Applicant referred to the provisions of the Charter in question for the success of the application. appreciation, For clarity and Article 6 of the African Charter on Human and Peoples Rights provide: "Every individual shall have the right to liberty and to the security of his person. No one may be deprived oj his freedom and conditions previouslu be arbitrarily 27· except jor reasons laid clown by law. In particular, no one may arrested or detained" The court holds therefore that an infringement alleged by the Plaintiff/applicant on a person's liberty as as stated above would fall neatly under Article 9(4) of the Protocol of the Court. On that basis, the Court finds that the ingredients of the complaint in the Application have met the pursuant to the said Article 9(4) of the Protocol. Further to requirement this is the fact that when the allegations in the application of the Plaintiff are dissected and examined the outcome brings out clearly that the acts alleged are violation of human rights pursuant to Article 9(4) of the Protocol of the Court. 28. However, the defendants' argument of lack of competence raised some issues that touches on the exhaustion of local remedies albeit, whether the Court is an appellate Court as to hear matters a,u1 nlication .()/""" " Pl'''l'r;t''j'ff cornnlaininc.J.;,::_._'of the 'order r ...~ 1 . ~.... <:A. of competent jurisdiction, '- "1 J.U ••• remanding .L.\... ,.' .•. ,11.. or deal with the nf ~ ~ '1 ~l "'i.~ ~;<;l .1.. ••.• <:" .. _ •.• ''',t.v "(' "~ ••.•• ; ",1. ," ---- the Applicant in Kiri-kiri Prison Apapa, Lagos and or whether the application is seeking for bail rather than the reliefs sought for. Let us take the issues herein. 10

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