An Ikeja High Court has ordered the release of Kazeen Adeshina, who spent 15 years in a correctional facility without being charged or tried.
On Monday, Justice Oyindamola Ogala ruled in favor of Adeshina’s fundamental rights enforcement suit, marked No: D/16997MFHR/24, filed by his counsel, Mr. Ben Okeke.
The judge declared that detaining Adeshina without a trial was unjustifiable and a gross violation of his fundamental human rights, as enshrined in the 1999 Constitution of Nigeria and the African Charter on Human and Peoples’ Rights (Ratification Enforcement Act, Cap.10).
Ogala stated, “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 without the administration of criminal justice, no matter where the delay emanates from.”
The judge noted that correspondence from the first respondent’s counsel had been sent to the police to transfer Adeshina for arraignment since 2003, but it remained unattended.
She emphasized that Adeshina had “fallen through the cracks” and thus remained in custody for years without trial.
Ogala concluded, “No good cause has been exhibited necessitating the continued remand of the applicant, and therefore, this court finds that the applicant is entitled to the declaratory order sought.”
The judge then ordered the immediate and unconditional release of Adeshina from the custody of the Kirikiri Medium Correctional Centre.
Mr. Okeke had filed the suit against the Lagos State Attorney-General, the Commissioner of Police, and the Controller of the Nigerian Correctional Service, Lagos State, as the first to third respondents, respectively.
He argued that the arrest and continued detention of Adeshina without a formal charge or trial was wrongful, illegal, unjustifiable, and a gross violation of his fundamental human rights.
Okeke prayed for several orders, the immediate and unconditional release of Adeshina from custody. An injunction restraining the respondents and their agents from further breaching Adeshina’s fundamental human rights. An order admitting Adeshina to bail pending his arraignment in court.
The suit was supported by an affidavit of urgency and a 15-paragraph supporting affidavit deposed by Joe Ameh, the Executive Coordinator in the office of Zarephath Aid, dated March 8.
Okeke referred the court to Section 35(1) of the Constitution, arguing that any deprivation of the right to personal liberty must meet two conditions to be constitutionally valid.
Subscribe to National Updates for more News.
