IN THE CHIEF MAGISTRATE COURT OF KOGI STATE NIGERIA
IN THE KOGI STATE JUDICIAL DIVISION
HOLDEN AT LOKOJA
MOTION NO:
BETWEEN:
1. ABDUL SANI ………….. APPLICANTS
2. LUKEMAN BEL
AND
COMMISSIONER OF POLICE ………………….. RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO SECTION 35(1) & (5)(a), 36(5) OF THE
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS
AMENDED), SECTION 34(1) & (2) OF THE KOGI STATE ADMINISTRATION
OF CRIMINAL JUSTICE LAW, 2017 AND UNDER THE INHERENT
JURISDICTION OF THIS HONOURABLE COURT.
TAKE NOTICE that this honourable court shall be moved on the……….day
of...............,2018 at the hour of 9 0'clock in the forenoon or so soon
thereafter as Counsel to the Applicants may be heard on their behalf
praying this honourable court as follows:
1. AN ORDER of this Honourable Court DIRECTING the PRODUCTION of
the Applicants unlawfully detained by the Respondent.
AND FOR SUCH FURTHER ORDER(S) as this Honourable Court may deem
fit to make in the circumstances of this case.
GROUNDS OF THE APPLICATION.
st nd
1. The 1 and 2 Applicants were arrested by the Police over allegations
rd th
of criminal conspiracy and forgery on the 3 and 4 October, 2018
respectively.
2. The Applicants have been unlawfully detained for over one week.
3. The alleged offences are non-capital offences.
Dated this………….. day of October, 2018.
…….............................
P.O. Aturu Esq.,
(Applicants’ Counsel)
Abbas, Abbas & Co.
(Abbas Attorneys)
No. 2 Hydro Road, Lokoja, Kogi State.
FOR SERVICE ON:
The Respondent,
C/o O/c Legal,
Police Force Headquarters,
Lokoja, Kogi State.
IN THE CHIEF MAGISTRATE COURT OF KOGI STATE NIGERIA
IN THE KOGI STATE JUDICIAL DIVISION
HOLDEN AT LOKOJA
MOTION NO:
BETWEEN:
1. ABDUL SANI ………….. APPLICANTS
2. LUKEMAN BEL
AND
COMMISSIONER OF POLICE………………….. RESPONDENT
AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE
I, Adora leye, Female, Adult, Christian, Nigerian citizen of No. 2 Off NIWA
Headquarters, Lokoja, Kogi State do hereby make oath and state as follows:
(1) That I am a paralegal at Messrs Abbas, Abbas & Counsel to the
Applicants and thus, conversant with the facts deposed to in this
affidavit.
(2) I have the consent and authority of the Applicants and my employers
to depose to this affidavit.
(3) I was informed by the Applicants on the 8th day of October, 2018
while in the company of P.O Aturu Esq., at the State Criminal
Investigation and Intelligence Department, Lokoja, Kogi state, at
about the hour of 11am of the following facts, which I verily believe
to be true and correct as follows:
a. That 1st Applicant is an employee of the 2nd Applicant, while the
2nd Applicant is a business man.
b. That the 1st and 2nd Applicants were arrested and taken into
custody by officers of the Nigerian Police force over
allegations bothering on non-capital offences since 3rd and 4th
October, 2018 respectively.
c. That all efforts by the relatives of the Applicants and their
Counsel to secure their admission to Police Administrative Bail
proved abortive.
d. That the 2nd Applicant is Asthmatic and has suffered severe
attacks on at least three (3) occasions whilst in the custody of
the Police and needs urgent medical care.
e. That the continuous detention of the Applicants, particularly
the 2nd Applicant poses serious risk to his health.
(9) That justice will be better served if this application is granted and the
Respondent will not be prejudiced in any way whatsoever.
That I depose to this affidavit in good faith, conscientiously believing same
to be true in accordance with the oath Act in force.
…...................
DEPONENT
SWORN TO AT THE MAGISTRATE COURT REGISTRY,
LOKOJA, KOGI STATE
This….......... day of…..................., 2018.
BEFORE ME
COMMISSIONER FOR OATHS
