and
10(1)
and
(2)
of the International
Covenant on Civil and Political
Rights.
10.
By way of specification,
he submitted
that the Plaintiff/applicant
was
detained under a holding Charge procedure by the magistrate and he was
remanded
thereafter
detention
was a violation
pursuant
Human
since
2003
to date
of the Plaintiffs/applicant's
and that
human
such
rights
to Articles Six (6) and Seven (7) of the African Charter on
and People's
detention
Rights and urge the Court
as illegal, null and void. He relied
introduced
to adjudge
such
on the new evidence
in their motion whereby they relied on exhibits OAT (letter to
the Comptroller)
2012
in prison
and OA2- Applicant's-
two letters dated 21st February,
addressed to the Deputy-Comptroller,
Kiri-kiri Maximum Prison by
the firm of Smith Worth Partners who are the solicitors to the applicant.
11.
He further relied on exhibit 0 •.<\3 to wit, charge no C/61/2003
against the
applicant, on which he was arraigned before the Yaba Magistrate Court
Lagos and the order made by the said Magistrate
200:3 that the applicant
should be remanded
Court on 16th May,
in Kiri-kiri Maximum
Prison, Lagos. Also attached to the affidavit is exhibit O.A.tt- which is, the
Court Order.
12.
He also relied on a sworn affidavit by the applicant
himself on
2nd
February, 2012 in Kiri-kiri Maximum Security Prison before Mr. Kamal'
Raji-a Notary Public marked as exhibit 0.,\,). He submitted
the alternative
the
'.
that the court should note the Deputy Comptroller's
failure to produce tJ e detention warrant
is in Kiri-kiri
in addition in
Maximum Security
Plaintiff/applicant
had
in respect of the: appiicar;
..\ :;'1
Prison. He urged the Court to hold that
proved
his ca. e as contained
in the
application to enable this Court to make an order releasing the applicant
from detention.
The defendant however, argued vehemently in response
5