- 4 Article 5 further provides:
“Every individual shall have the right to the respect of the dignity inherent in a
human being and to the recognition of his legal status. All form of exploitation
and degradation of man particularly slavery, slave trade, torture, cruel,
inhuman or degrading punishment and treatment shall be prohibited”
We submit further that the arrest, detention and inhuman treatment of the
Plaintiff under the above circumstances are infringement on the fundamental
rights of the Plaintiff under Articles 4 & 5 of the African Charter on Human &
people’s Rights (Ratification and Enforcement) Act, Cap. IV Laws of
Federation of Nigeria 1990.
Article 14 provides:
“The right to property shall be guaranteed. It may only be encroached upon in
the interest of public need or in the general interest of the community and in
accordance with the provisions of the appropriate laws.”
We submit that the seizure and detention of the Plaintiff’s Telephone handset,
wristwatch, belt and shoes under the above circumstances amount to torture and
inhuman treatments contrary to the fundamental rights of the Plaintiff under
Articles 4 & 5 of the African Charter on Human & people’s Rights (Ratification
and Enforcement) Act, cap. IV Laws of Federation of Nigeria 1990.
5.0. FACTS AND PROCEDURE
5.1
I.
NARRATION OF THE FACTS BY THE PLAINTIFF:
The Plaintiff avers that he is a community citizen and a businessman.
II.
The Plaintiff avers that on the 24th of January, 2015, he was in a guest
house at 22 Gana Street, Maitama with a business partner Otumba Taiwo
where they were to have a meeting with one Dr. Ben who was coming
from Makurdi to meet with them in Abuja.
III.
The Plaintiff avers that after waiting for Dr. Ben for a while, Otumba
Taiwo left briefly to see a friend within Maitama while the Plaintiff kept
waiting for Dr. Ben.