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MUHAMMAD SANI
V.
ATTORNEY GENERAL OF KANO STATE & ANOR

(2024) JELR 112071 (CA)

Court of Appeal 14 Mar 2024 Nigeria
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- The appellant, a cattle herder, was arrested in 2001 on an allegation of armed robbery and remained in prison custody for 10 years without being formally arraigned before a court. - The appellant filed an application for the enforcement o

Case Details

Suit Number:CA/KN/159/2021
Judges:UGOCHUKWU ANTHONY OGAKWU JCA BOLOUKUROMO MOSES UGO JCA USMAN ALHAJI MUSALE JCA
Counsel:Usman Umar Fari, Esq. for the Appellant. Ms. Halima Yahuza Ahmad, Assistant Director, Legal Drafting, Ministry of Justice, Kano State for the 1st Respondent. 2nd Respondent absent and not represented by Counsel.
Location:Kano

UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgement):  The facts of this matter are not convoluted. They are simple and straightforward and are amenable to easy comprehension. Indeed, the facts are not confuted. The Appellant is a cattle herder and he was arrested sometime in 2001 on an allegation of armed robbery. A First Information Report (FIR) was filed before a Chief Magistrates Court and the Appellant was remanded in prison custody. He remained in such custody without being formally arraigned before a court of competent jurisdiction for the next ten years. It was only on 12th October, 2011 when the Chief Judge of the High Court of Kano State was on a prison visit that he ordered that the Appellant be released on bail.

On 30th December 2011, an application was filed in SUIT NO. K/M715/2011: MUHAMMAD SANI v. ATTORNEY-GENERAL KANO STATE and ANOR; for the enforcement of the Appellant’s fundamental rights. The Appellant claimed the following reliefs:

“1. DECLARATION of thi…

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