An Ikeja High Court sitting on Monday issued a verdict for the release of an individual, Kazeen Adeshina, who has been held in a correctional facility for 15 years without facing charges or trial.
Reports from the News Agency of Nigeria (NAN) state that Justice Oyindamola Ogala, in a judgment regarding a fundamental rights enforcement lawsuit identified as No: D/16997MFHR/24 filed by Adeshina’s legal representative, Mr. Ben Okeke, determined that the imprisonment of Adeshina without due process was indefensible.
Ogala, in her ruling, emphasized that detaining Adeshina at the Medium Correctional Centre in Kirikiri, Lagos without a trial was illegal, unjust, and violated his fundamental human rights as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria and the African Charter on Human and Peoples Rights.
Furthermore, the judge underscored the importance of the presumption of innocence enshrined in the constitution, highlighting that the applicant’s prolonged detention without trial was a miscarriage of justice. She noted that despite efforts to secure the suspect’s arraignment dating back to 2003, the lack of progress in the legal process was unacceptable.
Consequently, the court ordered the immediate and unconditional release of Adeshina from the Kirikiri Medium Correctional Centre. The applicant’s legal counsel, Okeke, had brought the case against the Lagos State Attorney-General, the Commissioner of Police, and the Controller of the Nigerian Correctional Service, seeking redress for the wrongful and unjust detention of their client.
The applicant’s counsel urged the court to grant various reliefs, including the release of Adeshina from custody, an injunction against further violations of his rights, and bail pending his arraignment. These requests were supported by affidavits emphasizing the urgency and the violation of the applicant’s constitutional rights.
In light of the foregoing, the court’s attention was drawn to the provisions of Section 35 (1) of the Constitution, emphasizing the necessity for any deprivation of personal liberty to meet constitutional standards.
