the detention warrant, it would be deduced that the withholding of the warrant is indicative of the fact that same would have been unfavorable if produced. Article 6 of the said African Charter on Human and Peoples' Rights provides that every individual shall have the Rights to liberty and to the security of his person and that no one may be deprived of his freedom except for reasons and conditions previously laid down by Jaw, in particular no one may be arbitrarily arrested or detained. 53. vVhat amounts depends to detention laid dO""'11by law or arbitrary on the circumstances pJaintiff was detained of the case. In the present detention case the on exhibit 0 •.<\3 to wit, charge no Cj61/2003 against the applicant, Mr Sikiru Alade on which he was arraigned before the Yaba Magistrate Court Lagos and the order Magistrate 16th remanded Court on May, 2003 made by the said that the applicant should be in Kiri-kiri Maximum Prison, Lagos and the court's order as exhibit OA4. 54. Also a sworn affidavit by Sikiru Alade- the applicant February, 2012 himself on 2nd in Kiri-kiri Maximum Security Prison before Mr. Kamar Raji-a Notary Public marked as exhibit 01\5. The notice to produce the detention warrant served on the Deputy Comptroller and his failure to produce the said detention warrant of the defendant in respect of the applicant that he is in Kiri-kiri Maximum Security Prison are all pieces of evidence of the truth sufficient to persuade of the detention. These circumstances arc us to hold that indeed the plaintiff is in the said prison Lagos. 55· \\'here deprivation of liberty continues for some time, the grounds that originally warranted detention may subsequently cease to exist. We state that even though the original detention was by a competent court, the Magistrate court on a holding charge and by its definition as stated supra 20 ----- --- ---

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