ABACHA & 3 ORS
V.
FAWEHINMI

(2000) JELR 54288 (SC)

Supreme Court 28 Avr 2000 Nigeria
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- The case involves a legal practitioner who was arrested and detained without charge. - The legal practitioner applied to the Federal High Court for various reliefs, including a declaration that his arrest and detention were illegal and un

Case Details

Suit Number:SC.45/97
Counsel:Chiesonu Okpoko, Esq. ( Legal Officer, Federal Ministry of Justice) for the Appellants / Cross-Respondent -*- Ebun-Olu Adegboruwa, Esq. (with him, Mohammed Fawehinmi, Esq.) -*- for Respondent / Cross-Appellant.

OGUNDARE, JSC (Delivering the Leading Judgment): The facts of this case are simple enough. The respondent, a legal practitioner, was arrested without warrant at his residence on Tuesday January 30, 1996 at about 6 a.m., by six men who identified themselves as operatives of the State Security Service (hereinafter referred to as SSS) and policemen, and taken away to the office of the SSS at Shangisha where he was detained. At the time of his arrest the respondent was not informed of, nor charged with, any offence. He was later detained at the Bauchi prison. In consequence, he applied ex - parte through his counsel, to the Federal High Court, Lagos pursuant to the Fundamental Rights (Enforcement Procedure) Rules 1979 for the following reliefs against the 4 respondents who are now appellants before us and shall hereinafter be referred to as appellants:-

A declaration that the arrest of the applicant, Chief Gani Fawehinmi at his residence at 9AAdemola Close GRA, Ikeja, Lagos on Tuesday,…

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