UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgement): The facts which spawned this appeal are simple and straightforward. They are not convoluted. The Appellant was incarcerated for twelve years without trial. He consequently brought an action for the enforcement of his fundamental rights, claiming the following reliefs:
“1. DECLARATION of this Honourable Court that keeping the Applicant in detention by the Respondents for period of 12 years without years without trial is against the Constitution of the Federal Republic of Nigeria, 1999, African Charter on Human and Peoples Rights and Universal Declaration of Human Right.
2. DECLARATION of this Court that detention of the Applicant at the instance of the Respondents for period of 12 years without trial has violated the Applicant’s Fundament [sic] Human Rights and is therefore entitled to damages.
3. AN ORDER of this Court unconditionally discharging, releasing and setting the Applicant free from incarceration and Prison cu…