AUGIE JCA (Delivering the Lead Judgment): The appellant filed an application dated 2 March 2012 at the Federal High Court for an order for the enforcement of his fundamental rights. He prayed for:
I. A declaration that [his] detention by the respondent for nine (9) days from Wednesday 16 to Thursday 24 November 2011, is illegal, unconstitutional, unwarranted as these acts violate [his] fundamental right to personal liberty and presumption of innocence as guaranteed under Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) especially section 35.
II. A declaration that the respondents have no right whatsoever under the Constitution of the Federal Republic of Nigeria, 1999 (as amended) especially sections 35 and 36(5), the Police Act, Cap 359 Laws of the Federal Republic of Nigeria, 1990 or indeed under any law in force in Nigeria to have detained [him] for that length of time on mere allegation of bailable offences but except as an attempt to embarrass,…