Man Detained for 15 Years without Trial Regains Freedom

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Man Detained for 15 Years without Trial Regains Freedom

By Reporter 3

 

An Ikeja High Court on Monday, July 1, 2024, has ordered that a man identified as Kazeen Adeshina, be released without further delay after spending 15 years in a correctional facility without charge or trial.

According to the News Agency of Nigeria, Justice Oyindamola Ogala, while ruling in a fundamental rights enforcement suit No. D/16997MFHR/24 filed by Adeshina’s counsel, Mr Ben Okeke, held that detaining Adeshina in prison without charge or trial was indefensible.

Ogala, in her ruling, declared as illegal and unjustifiable the arrest and continued detention of Adeshina in the custody of the Medium Correctional Centre, Kirikiri, Lagos, without a trial. She further stated that the action violated the applicant’s fundamental human rights as enshrined in the 1999 Constitution of the Federal Republic of Nigeria and the African Charter on Human and Peoples Rights (Ratification Enforcement Act, Cap. 10).

“As aforestated, there is unchallenged fact that this applicant has remained in custody for about 15 years and is yet to be arraigned before a court of competent jurisdiction.

“The presumption of innocence enshrined in our constitution remains sacrosanct, and it is indeed a travesty of justice for this to occur with the administration of criminal justice, no matter where the delay emanates from.”

“Counsel to the first respondent has exhibited correspondence to the police to transfer the suspect for arraignment since 2003, which has remained unattended to and it appears that this applicant has fallen through the cracks and thus remained in custody for such years without trial.

“The presumption of innocence in our constitution remains sacrosanct. It is clear to this court that no good cause has been exhibited, necessitating the continued remand of the applicant. Therefore this court finds that the applicant is entitled to the declaratory order sought,” she said.

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The judge, subsequently, ordered the applicant be released without condition from the custody of the Kirikiri Medium Correctional Centre.

 

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Written by: Amos

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