Premising his application on section 34, 35, 36, 41 and 43 of the 1999 Constitution, as amended, Articles 2, 6, 7(1) of the African Charter on Human and Peoples Right ( Ratification& Enforcement Act), the accused person, told the trial court that he has been denied access to his family members, medical personnel or counsel.“The applicant is a Nigerian citizen and a student of the international University of Africa, Khartoum, Sudan. The applicant is a decent young man of 29 years trying to forge ahead academically with the hopes of a brilliant future. He has no criminal record.“That on 15th July, 2014, the applicant was abducted in Khartoum -Sudan, brought to Nigeria by the Respondents and has since been in the custody of the Respondents
“That on 2nd May 2014, some officers and men of the 1st Respondent invaded the family’s private apartment at No 7, Paul Adimagu Close, Malali, GRA, Kaduna seeking information in connection with a telephone line- 08163311384 owned by Jamilu Sadiq.“Jamilu Sadiq was subsequently arrested with three other domestic staff and detained in the 1st Respondents quarters from 2nd to 7th May 2014. They were however released as nothing incriminating was credited to their record.“The Respondents further requested to know the whereabouts of the applicant as a Student of the international University of Africa, Khartoum, Sudan.”The applicant since his arrest and detention has been denied access to his family members, medical personnel or counsel.
“That unless this ex-parte application is granted in the interim and as a matter of urgency ( pending the hearing and determination of the originating motion) the respondent will continue to violate the applicant’s rights which are guaranteed under the constitution of the Federal Republic of Nigeria, 1999, as amended.”That the health of the applicant is under serious threat having not seen his medical personnel for about 12 weeks.“That the grant of this interim application will reduce the hardship being meted out on the applicant by his continued detention by the respondents, particularly the 1st Respondent’s refusal to grant the applicant access to his solicitor, physician and family members”, Raji begged the court through an affidavit in support of the motion.
More so, he applied for, “An interim order granting bail to the applicant or releasing the applicant forthwith conditionally or unconditionally, pending the determination of the substantive originating motion in this matter.“An interim order restraining the respondent from continued arrest, detention, harassment and intimidation of the applicant, his family, relations and or business interests pending the determination of the substantive originating motion.As well as “An interim order directing the respondent particularly the 1st Respondent to produce the applicant in court for the hearing of the originating motion in this matter pending the hearing and determination of the originating motion”.Joined as 1st and 2nd Respondents in the motion were the State Security Service and the Attorney General of the Federation.Meantime, trial Justice Ademola Adeniyi yesterday adjourned hearing on the bail request till November 24.It will be recalled that planned arraignment of the suspect on the last adjourned date, September 26, suffered setback owing to bickering between the Department of State Service, DSS, and the Nigerian Police Force, over which of them should be allowed to conduct the trial.
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