Residence and its adverse effect to the Country at large. The Defendant having
laid emphasis on the dangerous weapons seized, such as Tavor X95 assault rifle,
UZI riffles, rocket propelled grenade etc. have failed to put up a proper defense
as to the substantive application before this Court which borders on arbitrary
arrest and detention, night to liberty, and right to health which is the crux of this
case especially since these are already the subject of a criminal charge of illegal
possession of firearms for which the Applicant was granted bail. Furthermore the
firearms aforementioned are already 1n possession of the Defendant.
It 1s a well-established fact that this Court does not have criminal jurisdiction as
has been has held in a plethora of its decisions. The allegation misappropriation
of funds and unlawful possession of ammunition is not before this Court and even
if it is, the Court lacks jurisdiction to entertain same.
We are therefore not deciding on the guilt or otherwise of the Applicant on the
charges before the National Court and has only assumed jurisdiction based on
the facts before it to establish whether the human rights of the Applicant as
alleged has been violated.
1. Whether the invasion of Applicants’ Residence and seizure of his properties as
alleged is unlawful and attributable to the Defendant as to hold it responsible for
same
Section 28 of the Nigerian Police Act provides;
A superior police officer may by authority under his hand authorize any police
officer to enter any house, shop, warehouse, or other premises in search of stolen
property, and search therein and seize and secure any property he may believe to
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