The case was brought to Ilorin, the Kwara State capital, following the refusal of the Federal High Court, Abuja, to hear it, as the alleged crime was committed in Kwara State.
Alabi has been in detention since May 28, 2018, and has not been arraigned before any court of law, a development his Counsel argued is in contravention of the provisions of Order 4, Rules 3 and 4 of the Fundamental Rights Enforcement Procedure Rules (2009), as well as sections 34, 35, 36, 37, 41, and 46, of the Constitution of the Federal Republic of Nigeria (1999) as amended.
Making the order at the sitting on Friday, Justice Adebayo Yusuf stated that there was nothing in the Constitution that allows the detention of a suspect without trial, for a period beyond 24 hours, where there is a court, or 48 hours in environment where there is no court.
In a short ruling, following the application by Adelodun for an interim bail for the suspect, pending the determination of the substantive application, the court aligned with the position of the Lawyer, but decided to allow the IGP another opportunity to defend his position.
“The position of the law is as stated by the Learned Silk, however, I am inclined to hear from the respondent (IGP) to come to court, on Wednesday, and show cause why the applicant should not be released from their custody, since they have been served the motion on notice”, the Judge said, adding that, it is clear that the Police cannot change the Constitution.
Adelodun, had while moving the application, pointed out that the detention of the applicant for 60 days without trial, is a prima facie case of a breach of his rights to liberty, as enshrined in section 35 (7) of the Constitution, and pointed out that section 122 of the Evidence Act, empowers the court to take judicial notice of the time involved in the exchange of written addresses and affidavit by parties, which can compound the suffering of the applicant.
“We are not asking the court to declare our client guilty or innocent at this stage, but the Police has no right to keep a suspect forever”, he declared.
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