Applications, ruled that the arrest of the Applicants was at 16 nautical miles off the waters and off the coast of the Federal Republic of Nigeria and the Federal High Court lacked jurisdiction except at 12 nautical miles. 7. Consequently, the Applicants lodged their case at the ECOWAS Court of Justice claiming that they have lost their gainful employment (1); suffered violations of their Human Rights of which they are claiming damages and interest for arrest and unlawful detention (2) attempt at the violation of their human dignity by parading the applicants as thieves of the Nigerian crude oil (3), for the prosecution they went through (4), dispossession of their vessel MT Capbreton and its destruction (5). The Applicants pleaded material facts that the said acts complained of amounted to violations of their Human Rights pursuant to Articles 5, 6 and 21 (2) of the African Charter on Human and Peoples' Rights, which is domesticated by cap A9 Laws of the Federal Republic of Nigeria 2004. The Applicant reiterated that out of fifteen (15) Applicants ten (10) were detained till the 30th of November 2005 while five (5) Applicants were released on the 2nd of March 2004. They added that this detention was unlawful and requested the following reparation for damages: a) Declare that the continued detention of the Applicants by the Defendant from 1st December 2003 till the 1st of March, 2004 is unlawful and amounts to the infringement of Article 6 of African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act Cap A9, LFN, 2004 and section 35 × (1) Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law - (a) in execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty; (b) by reason of his failure to comply with the order of a court or in order to secure the fulfilment of any obligation imposed upon him by law; (c) for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence; (d) in the case of a person who has not attained the age of eighteen years for the purpose of his education or welfare; (e) in the case of persons suffering from infectious or contagious disease, persons of unsound mind, persons addicted to drugs or alcohol or vagrants, for the purpose of their care or treatment or the protection of the community; or (f) for the purpose of preventing the unlawful entry of any person into Nigeria or of effecting the expulsion, extradition or other lawful removal from Nigeria of any person or the taking of proceedings relating thereto: Provided that a person who is charged with an offence and who has been detained in lawful custody awaiting trial shall not continue to be kept in such detention for a period longer than the maximum period of imprisonment prescribed for the offence. (2) Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice. (3) Any person who is arrested or detained shall be informed in writing within twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or detention. (4) Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time, and if he is not tried within a period of - (a) two months from the date of his arrest or detention in the case of a person who is in custody or is not entitled to bail; or (b) three months from the date of his arrest or detention in the case of a person who has been released on bail, he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date. (5) In subsection (4) of this section, the expression "a reasonable time" means - (a) in the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of forty kilometres, a period of one day; and (b) in any other case, a period of two days or such longer period as in the circumstances may be considered by the court to be reasonable. (6) Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person; and in this subsection, "the appropriate authority or person" means an authority or person specified by law. (7) Nothing in this section shall be construed - (a) in relation to subsection (4) of this section, as applying in the case of a person arrested or detained upon reasonable suspicion of having committed a capital offence; and (b) as invalidating any law by reason only that it authorises the detention for a period not exceeding three months of a member of the armed forces of the federation or a member of the Nigeria Police Force in execution of a sentence imposed by an officer of the armed forces of the Federation or of the Nigeria police force, in respect of an offence punishable by such detention of which he has been found guilty. 3