OMAGE JCA (Delivering the Lead Judgment): In this appeal, the appellant sought in the High Court, Calabar on 14/6/05 “a declaration that the arrest and detention of the applicant not beingin consonance with the provision of section 35(1)(c) of the Federation Republic of Nigeria, 1999”, (in that the respondent cannot reasonably suppose that the applicant is reasonably suspected of havingcommitted any criminal offence in flagrant violation of the said Constitution and so wrongful and unlawful). (ii) “a declaration that the removal of applicant’s wearingeffects save his shorts, the lack of provision ofbeds orother sleepingmaterials, thus causingapplicant to either stand up sleeping, sit sleeping or sleep on bare cold floor in the present inclement weather constitute inhuman and degrading treatment, torture and therefore unconstitutional, wrongful and unlawful.” The grounds upon which the orders are sought are stated in the record of proceedings in the court below.
The arrest and detenti…