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UBANI
V.
DIRECTOR OF STATE SECURITY SERVICES & ANOR

(1999) JELR 45753 (CA)

Court of Appeal 7 Jul 1999 Nigeria
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- The Court of Appeal held that the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10, LFN 1990) is superior to all Nigerian municipal laws, including decrees of the Military Government, and ouster clau

Case Details

Suit Number:CA/L/260/96
Judges:GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Counsel:O. Agbakoba, SAN (with him, I. Amadi; N. Njoku (Miss) For Appellant O. Nwamba, Legal Officer, Federal Ministry of Justice. For Respondent
Other Citations:Ubani v. Director, S.S.S. (1999) 11 NWLR (Pt.625)

OGUNTADE, JCA (Delivering the Leading Judgment): On 26-7-95, the Federal High Court in Lagos granted leave to the appellant pursuant to the Fundamental Right (Enforcement Procedure) Rules, 1979 to pursue the reliefs he sought arising from his detention by the Inspector-General of Police under a Detention Order. The reliefs sought by the appellant were these:

"1. A declaration that the arrest on 18th July, 1995 of the applicant at his residence and his subsequent detention at the State Security Services detention cell at Shangisha, Lagos without being charged to court is unconstitutional, null and void.

2. A declaration that the continuous detention of the applicant by the respondents at the said detention cell is a flagrant violation of the applicant's right to freedom of movement and is unconstitutional, null and void.

3. An order releasing the applicant from the said detention forthwith.

4. An order that the Respondents pay compensation to the applicant for the violation of his fund…

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