Written by Uchechukwu Olisah, Benin City
Friday, 17 August 2012
The court said, on Thursday, that the continuous detention of Ugolor without trial was a clear violation of Section 37 (5) of the 1999 constitution.
Delivering her ruling, on the ex parte motion brought before the court by counsel to the applicant, Olayiwola Afolabi, the presiding judge, Justice Easther Edigin, expressed surprise that the respondents (police and the Attorney-General of the Federation) had not responded to he motion on notice that was served on them.
“Since the applicant is not in court, I cannot grant him bail but rather order the respondents to release him forthwith, pending the determination of the substantive suit…,” she said.
It was gathered that Ugolor was being interrogated over the murder of Oyerinde as police sources said one of the suspects in their custody allegedly named him (Igolor) in connected with the killing.
Olayinwola, in suit No. R/496/2012, had prayed the court that the motion for bail was in pursuant to order 111, rules 3 and 4 of the Fundamental Right (Enforcement Procedure) Rules 2009 Section 34, 35,39,41 and 45 of the constitution of the Federal Republic of Nigeria, 1999 as amended and Articles 1,2,3,4,5,6 and 7 of the African Charter of Human and Peoples Rights and under the inherent jurisdiction of the court.
According to Olayiwola, the respondents had continued to violate the fundamental human rights of the applicant, even when operatives of the State Security Service (SSS) had paraded the alleged killers of Oyerinde.
SOURCE: Nigerian Tribune, 17 August 2012. http://tribune.com.ng
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