Jigawa Court Awards N10m To Man Detained Without Trial For Over 10 Years
Justice Ado Yusif Birnin-kudu of Jigawa State High Court has ordered the immediate and unconditional release of Mr. Ja’o Sabo, also known as Ya’u), who has been in detention for over ten years without trial.
The victim filed a Fundamental Rights Enforcement suit before the court over his arrest and detention without proper trial since 2014.
Mr. Sabo was initially arraigned before the Magistrate Court in Gumel on charges of criminal conspiracy and armed robbery, but the case failed to proceed since then.
In the judgement, Justice Ado Yusif Birnin-kudu held that the prolonged detention of Mr. Sabo without trial was a flagrant violation of his fundamental rights as enshrined in Sections 35 (Right to Personal Liberty), 36 (Right to Fair Hearing), 41 (Freedom of Movement), and 46 (Enforcement of Rights) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
He said that the detention was also in violation of Articles 4 (Right to Life and Integrity), 6 (Right to Personal Liberty), 7 (Right to Fair Trial), and 12 (Freedom of Movement) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
Consequently, the court ordered the the the three respondents – Attorney-General of Jigawa State, Jigawa State Government, and the Commissioner of Police – should release Mr Sabo from detention with immediate effect.
The respondents are also to jointly to pay the sum of Ten Million Naira to Mr. Sabo as compensation for the gross violation of his fundamental rights and the hardship endured during his over a decade-long unlawful detention.
The court further ordered the respondents to tender a public apology to Mr. Sabo on major radio stations within Jigawa State, acknowledging the violation of his rights.
In his remarks, the Counsel to the applicant’s Barr. Baffa Al’asan said that the judgment serves as a powerful reminder of the sacrosanct nature of constitutional guarantees and the judiciary’s significant role as the guardian of citizens’ rights.
“It reinforces the legal principle that the state must uphold due process and that indefinite detention without trial is unacceptable in a democratic society governed by the rule of law,” he said.
