The Federal High Court sitting in Lagos on Wednesday adjourned till December 1, a motion by a man in the custody of the National Drugs Law Enforcement Agency (NDLEA), Mr. Obiora Samuel, seeking to enforce his right to freedom.
Samuel, who told the court that he has been in the anti-narcotics agency’s custody since October 5 without trial, is also seeking, among others, N100million damages.
Justice Nicholas Oweibo fixed the date for hearing of Samuel’s fundamental rights application following an application by his counsel Benson Ndakara.
Samuel is the plaintiff in the suit marked FHC/14/15/2220/23 while the NDLEA is the sole defendant.
At the resumption of proceedings on Wednesday, Ndakara prayed the court to hear the motion, saying the prosecution had been served for well over a month.
He argued further that the period within which the prosecution is permitted to respond by way of counter-affidavit had since lapsed.
But prosecution counsel Juliana Imaobong Uroabuchi, sought more time to respond, explaining that the delay was caused by her aged mother’s illness.
Justice Oweibo adjourned for definite hearing.
In documents before the court, Samuel, of FESTAC Town, Lagos, is seeking four reliefs.
They include: “A declaration that the arrest and detention of the Applicant since 5th day of October, 2023 without charge was unlawful, unconstitutional null and void.
“An order releasing the Applicant from the custody of the Respondents.
“An order of 100 Million damages against the Respondent for unlawful arrest and detention.”
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