Adamu Suleman & Anor. V. Commissioner Of Police, Plateau State (2008)

LAWGLOBAL HUB Lead Judgment Report

AKINTAN, J.S.C.

The two appellants were arrested and detained at Garga Police station in Plateau State for armed robbery sometime in October, 2002. They were later transferred to Jos Police Headquarters and then to Jos C.I.D. where they were detained for quite sometime before they were arraigned before the Chief Magistrate Court, Jos on 11th December, 2002. They then caused to be issued a summon to admit them to bail pending trial at the Jos High Court. The application was supported with a 5 paragraph affidavit.

Paragraph 3 of the supporting affidavit deposed to by one Serah Ibrahim, Litigation Secretary, in the law firm of the appellants’ counsel, read as follows:

“3. That I have been informed by the applicants in Jos prison on 9/3/2003 at 12.00 noon while briefing A.A. Sangei, Esq. of counsel and verily believe their information to be true:

(a) That the applicants were arrested and detained at Garga Police Station for alleged offence of Armed Robbery sometimes in October, 2002.

(b) That they were later transferred to Jos Police Headquarters and finally transferred to Jos C.I.D. where they were detained for a long time.

(c) That the applicants did not commit the alleged offence on the F.I.R., A copy of the F.I.R. is hereby annexed and marked exhibit “A”.

(d) That the applicants were subsequently arraigned before the Chief Magistrate Court II, Jos on the 11/12/2002 after staying at C.I.D. Jos for a long time.

(e) That the Chief Magistrate Court II, Jos ordered for the remand of the applicants at the Jos prison.

(f) The proceedings are annexed hereto and marked as exhibit “B”.

(g) That the applicants have been in prison since 11/12/2002.

(h) That the respondent is not willing to prosecute the applicants. That the respondent only want the applicants to be detained in prison custody without prosecution.

(h) That the applicants will not jump bail, they will also appear in court for their case.

(i) That the applicants will not interfere with proper police investigation in case any is remaining.