Lagos Court Frees Man After 15 Years In Prison Without Trial

The Lagos State High Court in Ikeja on Monday ordered the release of a man, Kazeem Adeshina, after spending 15 years in prison without trial.

Justice Oyindamola Ogala ordered the detainee’s release in a judgement on his fundamental rights enforcement suit marked No: D/16997MFHR/24.

His lawyer, Ben Okeke, filed the suit on his behalf.

The judge held that detaining Adeshina in prison without charge or trial was unjustifiable.

Justice Ogala also held that the arrest and continued detention of Adeshina in the custody of the Medium Correctional Centre, Kirikiri, Lagos, without a trial was wrong, illegal and unjustifiable.

She added that it was a gross violation of the applicant’s fundamental human rights as enshrined in the Nigerian constitution and the African Charter on Human and Peoples Rights (Ratification Enforcement) Act.

“As afore-stated, there is an unchallenged fact that this applicant has remained in custody for about 15 years and is yet to be arraigned before a court of competent jurisdiction.

“The presumption of innocence enshrined in our constitution remains sacrosanct, and it is indeed a travesty of justice for this to occur without administration of criminal justice, no matter where the delay emanates from.

“Counsel for the first respondent has exhibited a correspondence to the police to transfer the suspect for arraignment since 2003, which has remained unattended to, and it appears that this applicant has fallen through the cracks and thus remained in custody for such years without trial.

“The presumption of innocence in our constitution remains sacrosanct, and it is clear to this court that no good cause has been exhibited necessitating the continued remand of the applicant, and therefore, this court finds that the applicant is entitled to the declaratory order sought,” she said.

After that, the judge ordered the immediate and unconditional release of the applicant from the custody of the Kirikiri Medium Correctional Centre.

The applicant’s counsel, Okeke, had filed the suit against the Lagos State Attorney-General, the Commissioner of Police, the Controller, the Nigerian Correctional Service, and the Lagos State as the first to the third respondents, respectively.

The suit prayed the court to declare that the arrest and continued detention of Adeshina in custody without a formal charge or trial was wrongful, illegal, unjustifiable and a gross violation of the applicant’s fundamental human rights.

The applicant’s counsel also sought these prayers: “An order directing the immediate and unconditional release of the applicant from the custody of the third respondent, Medium Correctional Centre, Kirikiri Lagos.

“An injunction restraining the respondents, their agents or privies from further breach of the applicant’s fundamental human rights as enshrined in the 1999 Constitution of Nigeria as amended.

“An order admitting the applicant to bail pending his arraignment in court and for such further or other orders as this Honourable Court may deem fit to make in the circumstances.”

The applicant filed in support of the application an affidavit of urgency of six paragraphs as well as a supporting affidavit of 15 paragraphs deposed to by Joe Ameh, the Executive Coordinator in the office of Zarephath Aid.

The applicant’s counsel referred the court to the provisions of section 35 (1) of the Constitution and submitted that it was inferable that whenever a deprivation of the right to personal liberty is sought pursuant thereto, such deprivation must satisfy two conditions to meet the approval of the Nigerian constitution.

 

NAN