Daud Olatunji
An Ikeja High Court in Lagos has ordered the immediate release of Kazeen Adeshina, who spent 15 years in a correctional facility without charge or trial.
Justice Oyindamola Ogala presided over a fundamental rights enforcement suit filed by Adeshina’s counsel, Mr. Ben Okeke.
The suit, marked No: D/16997MFHR/24, highlighted the gross injustice faced by Adeshina.
In her judgement, Justice Ogala declared that Adeshina’s prolonged detention without trial was both illegal and unjustifiable, constituting a severe violation of his fundamental human rights.
“The arrest and continued detention of Adeshina in the custody of the Medium Correctional Centre, Kirikiri, Lagos without a trial was wrong, illegal, and unjustifiable,” Justice Ogala stated.
She declared that such detention contravened the 1999 Constitution of the Federal Republic of Nigeria and the African Charter on Human and Peoples Rights.
PLATFORM TIMES reports that the court was particularly troubled by the fact that Adeshina had been in custody for 15 years without being arraigned before a court of competent jurisdiction.
Justice Ogala reiterated the presumption of innocence as enshrined in the Nigerian constitution, noting that this principle had been grossly violated in Adeshina’s case.
“Counsel to the first respondent has exhibited correspondence to the police to transfer the suspect for arraignment since 2003, which has remained unattended to.
It appears that this applicant has fallen through the cracks and thus remained in custody for such years without trial,” she observed.
Following these findings, Justice Ogala ordered the immediate and unconditional release of Adeshina from the Kirikiri Medium Correctional Centre.
The suit filed by Adeshina’s counsel targeted the Lagos State Attorney-General, the Commissioner of Police, and the Controller of the Nigerian Correctional Service, Lagos State, as first to third respondents respectively.
Okeke argued that Adeshina’s arrest and prolonged detention without formal charge or trial was wrongful and a gross violation of his fundamental human rights.
The court was asked to declare Adeshina’s detention illegal and order his immediate release.
Additionally, the counsel sought an injunction to prevent further breaches of Adeshina’s rights and an order admitting him to bail pending his arraignment.
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