FUNDAMENTAL RIGHTS ENFORCEMENT WITH STATEMENT AND AFFIDAVIT IN SUPPORT OF APPLICATION

FUNDAMENTAL RIGHT ENFORCEMENT PROCEDURE

IN THE HIGH COURT OF KANO STATE
IN THE KANO JUDICIAL DIVISION
HOLDEN AT KANO

SUIT No:….

IN THE MATTER OF AN APPLICATION BY MR. R FOR AN ORDER FOR THE ENFORCEMENT OF HIS FUNDAMENTAL RIGHTS

AND

IN THE MATTER OF MR. R …………………………………… APPLICANT

AND
  1. THE PRESDIDENT OF THE FRN
  2. COMMISSIONER OF POLICE
  3. NIGERIAN POLICE FORCE, MUSHROOM HQ. …….….. RESPONDENTS
  4. COMPTROLLER OF PRISONS, KUJE PRISON.

ORIGINATING MOTION
BROUGHT PURSUANT TO SECTIONS 35 (3) & (4 ), 34(1) (a) AND 36 (4 ), (5)& (6) (c) OF THE 1999 CONSTITUTION AS AMENDED AND ORDER 2 RULE 1 OF THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009 AND WITHIN THE INHERENT JURISDICTION OF THIS COURT

TAKE NOTICE that the High Court of Kano State will be moved on the ………. Day of April 2012 or so soon thereafter as counsel to the Applicant will be heard praying for an order...... in terms of the reliefs sought in the statement accompanying the affidavit in support of the application.

AND TAKE NOTICE that on the hearing of this application, the said applicant will use the affidavit of Alhaji Shehu Musa and the exhibits therein referred to.


DATED THE 4TH DAY OF APRIL 2012


………………
AnietieEkong
Counsel to the Applicant
Whose address for service is:
Group eight Chambers
Law school Lagos Campus






FOR SERVICE ON:
  1. THE PRESDIDENT OF THE FRN, ASO ROCK VILLA ABUJA.
  2. COMMISSIONER OF POLICE
  3. NIGERIAN POLICE FORCE, MUSHROOM HQ. ………….. RESPONDENTS
  4. COMPTROLLER OF PRISONS, KUJE PRISON.

STATEMENT

IN THE HIGH COURT OF KANO STATE
IN THE KANO JUDICIAL DIVISION
HOLDEN AT KANO

SUIT No:….

IN THE MATTER OF AN APPLICATION BY MR. R FOR AN ORDER FOR THE ENFORCEMENT OF HIS FUNDAMENTAL RIGHTS

AND

IN THE MATTER OF MR. R …………………………………… APPLICANT

AND
  1. THE PRESDIDENT OF THE FRN
  2. COMMISSIONER OF POLICE
  3. NIGERIAN POLICE FORCE, MUSHROOM HQ. …….….. RESPONDENTS
  4. COMPTROLLER OF PRISONS, KUJE PRISON.

STATEMENT PURSUANT TO ORDER 2 RULE 3 OF THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009
  1. NAME AND DESCRIPTION OF APPLICANT
    Mr. R, a Legal Practitioner residing at no 14 Kano Town Kano State.
  2. RELIEFS SOUGHT
    1. A declaration that the arrest and detention of the applicant on the 12th day of July 2007 till the 25th day of August 2007 without an Order of Court is null and unconstitutional.
    2. A declaration that the torture of the applicant by the 2nd respondent during the term of his unlawful detention is an infringement of his constitutional right to dignity of human person
    3. A declaration that the un-representation of the applicant by a Counsel in a trial for a capital offence before the Federal High Court of Kaduna and the attendant partiality is a breach of his right to counsel and unconstitutional
    4. An order setting aside the judgment of Justice T for breach of his right to fair hearing under section 36 (1) 0f the 1999 Constitution as amended.
    5. A declaration that the press statement made by the 1st respondent was prejudicial and a breach of the right to be presumed innocent under the Constitution.
    6. A declaration that the detention of the applicant by the 4th respondent in a cell with 250 watt electric bulb left on day and night is an infringement of his right to the dignity of his human person.
    7. An order of perpetual injunction restraining the 4th respondent from continuing with the said detention.
    8. An order of damages for #20,000,000 against the 1st, 2nd and 4th respondents severally for the unwarranted infringement of the applicant’s fundamental rights.
    9. A mandatory order commanding the 1st, 2nd and 4th respondents to jointly or severally deliver an apology in writing to the applicant for the unwarranted infringement of his fundamental rights.
  3. GROUNDS UPON WHICH THE RELIEFS ARE SOUGHT
    1. The applicant is a Lawyer residing in Kano
    2. The 2nd respondent is the commissioner of police in charge of Kano State.
    3. On the 12th of July 2007 the applicant was arrested by members of the Nigerian Police on the instructions of the 1st respondent and forcefully detained for forty days before his arraignment.
    4. The applicant after his arrest was brutally beaten and that was a breach of his right to the dignity of his human person under the Constitution
    5. That the applicant was arraigned on the 22nd of August 2007, convicted by Justice T of the Federal High Court Kaduna and sentenced to 20 years imprisonment.
    6. The constitution of the Court was not independent and the trial procedure was unconstitutional.
    7. The applicant has fundamental rights to personal liberty, dignity of the human person and fair hearing within a reasonable time and before an independent Court under sections 35 (3) & (4 ),34(1) (a) and 36 (4 ), (5)& (6) (c) of the 1999 Constitution as amended,

    AND WHEREFORE THE RESPONDENT SEEKS THE RELIEFS ON THE FOLLOWINGGROUNDS:
    1. That the arrest detention, and torture of the applicant on the 12th July 2007 for forty(40) days without being informed of the reason for his arrest was an infringement of his fundamental rights guaranteed and protected under sections 35(3) &(4), and 34(1)(a) of the 1999 Constitution as amended.
    2. That it is unlawful for the 1st Respondent to use his office as a threat to impose harsh punishment on the applicant in a News Conference made on the 13th day of August 2007.
    3. That it is unlawful for the 1st Respondent to instigate the State Security Service to threaten Mrs. Q engaged to represent the applicant via a letter that she withdraws from the case which she did.
    4. The applicant was also arraigned before Justice T whose father the Minister of Justice is a friend to the President, and a breach of his right to fair hearing.
    5. That I attended the applicant’s trial and he was neither present nor represented by a counsel in the trial till his conviction and sentence.
    6. That it is unlawful for the 4th respondent to keep the applicant in Prison under a cell with a 250-watt electric bulb left on day and night.

DATED THE 4TH DAY OF APRIL 2012


………………
AnietieEkong
Counsel to the Applicant
Whose address for service is:
Group eight Chambers
Law school Lagos Campus






FOR SERVICE ON:
  1. THE PRESDIDENT OF THE FRN, ASO ROCK VILLA ABUJA.
  2. COMMISSIONER OF POLICE
  3. NIGERIAN POLICE FORCE, MUSHROOM HQ. ………….. RESPONDENTS
  4. COMPTROLLER OF PRISONS, KUJE PRISON.

AFFIDAVIT IN SUPPORT

IN THE HIGH COURT OF KANO STATE
IN THE KANO JUDICIAL DIVISION
HOLDEN AT KANO

SUIT No:….

IN THE MATTER OF AN APPLICATION BY MR. R FOR AN ORDER FOR THE ENFORCEMENT OF HIS FUNDAMENTAL RIGHTS

AND

IN THE MATTER OF MR. R …………………………………… APPLICANT

AND
  1. THE PRESDIDENT OF THE FRN
  2. COMMISSIONER OF POLICE
  3. NIGERIAN POLICE FORCE, MUSHROOM HQ. …….….. RESPONDENTS
  4. COMPTROLLER OF PRISONS, KUJE PRISON.

AFFIDAVIT IN SUPPORT OF APPLICATION

I, Alhaji Shehu Musa, male, businessman, Nigerian citizen of no 2 Kano crescent of Kano State do make oath and state as follows:

  1. That I am the elder brother of Mr. R, the Applicant and by virtue of which I am conversant with the facts of this case.
  2. That I have the consent and authority of the applicant to depose to this affidavit on his behalf.
  3. That the applicant is in detention at the KujePrisions serving 20 years imprisonment on the judgment of justice T, a copy of the judgment is attached and marked EXHIBIT A
  4. That a copy of the judgment and this application has been served on the Attorney General of the Federation.
  5. That before his conviction, he was arrested on the 12th July 2007 and detained for forty (40) days without being informed of the reason for his arrest.
  6. That the 1st Respondent used his office as a threat to impose harsh punishment on the applicant in a news conference made on the 13th day of August 2007.
  7. That the 1st Respondent also instigated the State Security Service to threaten Mrs. Q engaged to represent the applicant via a letter that she withdraws from the case which she did, a copy of the letter is attached and marked EXHIBIT B.
  8. The applicant was also arraigned before Justice T whose father is the Minister of Justice and a friend to the President, and which is a breach of his right to fair hearing.
  9. That I attended the applicant’s trial and he was neither present nor represented by a counsel in the trial till his conviction and sentence.
  10. That the sentence of the applicant is to be kept in Prison under a cell with a 250- watt electric bulb left on day and night.
  11. That it is in the interest of justice to grant the prayers of the applicant.
  12. That I swear to this affidavit in good faith and conscientiously believing its contentsto be true and correct and in accordance with the Oaths Act Cap A1 LFN 2004.


……………….
DEPONENT


SWORN to at the High Court Registry, Kano.
This ….day of April 2012.

BEFORE ME

………………….
COMMISSIONER OF OATHS