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SHUAIBU HARUNA
V.
ATTORNEY GENERAL OF KANO STATE & ANOR

(2024) JELR 112084 (CA)

Court of Appeal 14 Mar 2024 Nigeria
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- The appellant was unlawfully detained for twelve years without trial and sought enforcement of his fundamental rights, including declarations, unconditional release, damages (specific and general), and a public apology. - The respondents

Case Details

Suit Number:CA/KN/158/2021
Judges:UGOCHUKWU ANTHONY OGAKWU JCA BOLOUKUROMO MOSES UGO JCA USMAN ALHAJI MUSALE JCA
Counsel:Usman Umar Fari, Esq. for the Appellant. Sadiq Isa Farah, Esq., Chief State Counsel, 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 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…

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