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HomeLATEST NEWSCourt punishes Police for prolonged detention of man accused of robbery at...

Court punishes Police for prolonged detention of man accused of robbery at Magu’s residence

Mr Ochife was arrested in January by members of the Special Anti-robbery Squad in Abuja for alleged involvement in a robbery at a property owned by the acting chairman of the Economic and Financial Crimes Commission, Ibrahim Magu.
The judgement followed a fundamental rights application by Mr Ochife’s lawyers after the detainee was locked up for over eight months without trial.
Mr Ochife was also denied bail, despite a court order to that effect in February.
According to copies of the court judgement, delivered in October, but obtained on Monday by PREMIUM TIMES, the police also neglected a request to appear in court over the case.
Copies of the court document also indicate that police officers told Mr Ochife’s wife, Charity David, that they will only arraign her husband at the end of their investigation. The expected duration of the said investigation was not stated by the police officers.
“It is important to place on record that this application has not been challenged despite the proof of evidence that the respondent were duly served with the originating summons and hearing notices,” the court said.
“The respondents have not made any efforts to justify before this court the detention of the applicant for an inordinately long time having regard particularly to section 35 of the 1999 constitution.“The phrase reasonable time is explained in the section 35 (5) as meaning that in the case of arrest or detention in a place where there is a court of competent jurisdiction within a radius of 40 kilometres, a period of one day and in any other case a period of two days or such longer period as in the circumstances may be considered by the court.
“This provision is mandatary as made manifest by the use of the words, “shall be brought before a court of law.” It is hence not competent for any person or authority other than a court of law to detain a suspect indefinitely, and or purport to pronounce his guilt no matter how strong the evidence of alleged commission of the offence may be,” the judge, John Tsoho, ruled.
Mr Tsoho also said the constitutional provision stated above makes it mandatory for the accused to have been arraigned within a day after his arrest on January 30.
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