Adamawa State High Court, sitting in Yola, yesterday, ordered the immediate release of a middle-aged man, Hammadu Musa, who was illegally detained for 5 years without trial.
The court, presided by Justice Benjamin Manji Lawan, declared that the detention of Musa, from 2019 till date, by the Police Command was illegal and unconstitutional.
He ordered the Police Command to pay the sum of N5 million as compensation to the applicant and release him immediately without any condition.
He held that the detention of the applicant for over 5 years without trial and without being arraigned before the court of competent jurisdiction and with no likelihood of his being tried is a gross violation applicant’s fundamental human right to fair hearing and liberty as enshrined in the 1999 Constitution, particularly section 36 (4) and (5) and section 35 (1).
The applicant was nabbed in 2019 by the vigilante in Song Local Government Area for the alleged offence of kidnapping and later handed over to the police before his transfer to police headquarters.
He was later detained at the Jimeta Correctional Centre for over 5 years without being told who he allegedly kidnapped or any other offence he committed whatsoever.
In his reaction to the judgement, Counsel to the applicant, Yakubu Hamadu Esq, appreciated the court’s sound judgement and described his detention without offence as violating fundamental human rights.
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