ABBA BELLO MOHAMMED, JCA (DELIVERING A LEADING JUDGMENT): Before the High Court of the Federal Capital Territory, Abuja (the trial court), the Appellant herein, as Applicant, applied for the enforcement of his fundamental rights. In the originating application, which was brought pursuant to Sections 34(a), 35, 36, 41 and 46 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Appellant sought for the following reliefs against the Respondents herein:
A declaration that the detention of the Applicant by the Respondents in the cells of the Respondents at its detention facility at Special Robbery Squad, Garki Abuja, from 6th November, 2012 to 12th September, 2013, was an infringement and a breach of the fundamental rights of the Applicant and that such detention was unlawful, unconstitutional and contrary to Section 35(4) of the Constitution of the Federal Republic of Nigeria (as amended).
A declaration that the continued detention of the Applicant in the cell of t…