EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): This appellant's application "for redress for the infringement of fundamental rights" brought against the Commissioner of Police Rivers State, and the Attorney-General, Rivers State was, on 25th August, 2004, was refused by the Rivers State High court (coram: B.E. Ugbari, J).This appeal is against that decision.
The appellant and one other person were arraigned before the Magistrate of Rivers State on two allegations of armed robbery punishable under section 1 (2) (a) of the Robbery and Firearms (special Provisions) Act 1990. Both offences are punishable with death. The magistrate court, having no jurisdiction to try the two accused persons for the capital offences, ordered their remand in prison custody on 30th October, 2003. They remained in that prison custody when the application for enforcement of the appellant's fundamental rights to personal liberty, fair hearing and freedom of movement respectively under Sections 35, 36 and…