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OGBONNA
V.
PRESIDENT, F.R.N.

(1997) JELR 71064 (CA)

Court of Appeal 7 May 1997 Nigeria
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- The appellants were detained at the Kirikiri Maximum Security Prison between July 1984 and September 1988 under the State Securities (Detention of Persons) Decree No. 2 of 1984. - The lower court relied on section 4 of the Decree, which o

Case Details

Judges:DAHIRU MUSDAPHER, J.C.A. (Presided), SAMSON ODEMWINGIE UWAIFO, J.C.A. (Read the Leading Judgment), IGNATIUS CHUKWUDI PATS-ACHOLONU, J.C.A.
Counsel:Olisa Agtekoba - for the Appellants Respondents not represented.
Other Citations:(1997) 5 NWLR (Pt. 504) 281

UWAIFO, J.C.A. (Delivering the Leading Judgment): The appellants were at various times detained at the Kirikiri Maximum Security Prison, Apapa, Lagos, between July 1984 and 21 September, 1988 under the State Securities (Detention of Persons) Decree No. 2 of 1984 (Decree No. 2 of 1984). Section 1(1) of the said Decree provides as follows:-

"(1)If the Chief of General Staff is satisfied that any person is or recentlyhas been concerned with acts prejudicial to State Security or has contributed to the economic adversity of the nation or in the preparation or instigation of such acts, and that by reason thereof it is necessary to exercise control over him, he may by Order in writing direct that that person be detained in a Civil Prison or Police Station or such other place specified by him, and it shall be the duty of the person or persons in charge of such place or places, if an Order made in respect of any person is delivered to him, to keep that person in custody until the Order is revok…

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