Fourteen years after, the Lagos Division of the Court of Appeal has freed one Idris Musa who developed mental disorder while in prison without trial.
Musa who was arrested in 2010 by the police over the murder of one Ali Kolo was abandoned at the Kirikiri prisons for 14 years without trial.
His prison records show that Musa was first arraigned by the police before an Ebute Metta Magistrate Court that was presided over by Magistrate Doja Ojo, who ordered his remand in prison custody on holding charge pending legal advice from the Directorate of Public Prosecution.
Although the advice was issued several months later for his arraignment before the High Court, it took over two years before he was eventually charged before Justice Oluwatoyin Taiwo, now retired.
However, his trial was suspended when a prosecution witness testified that he was not the ‘Idris Musa’ who killed the deceased for which he was charged.
Meanwhile, neither the police nor the office of the Attorney-General of Lagos State pursued the matter; leaving the defendant in jail.
In 2017, the law firm of Charles Mekwunye & Co. sought Musa’s release and filed a fundamental human rights enforcement suit against the State Commissioner of Police; the office of the Attorney-General and the Deputy Comptroller-General of Prisons.
In 2018, a Lagos State High Court in Igbosere dismissed the suit, insisting that the arrest and continued detention of the defendant without any formal charge or trial for eight years at the time of delivering the judgment, was not unconstitutional or a violation of the defendant’s fundamental right to liberty.
The court then ordered the Attorney-General’s office to expedite Musa’s prosecution before a court of competent jurisdiction.
Despite the court order, the defendant continued to languish in prison as no attempt was made by the AG’s office to bring him for trial before any court.
In 2020, Dr. Charles Mekwunye, SAN, filed an appeal before the Lagos State Court of Appeal on behalf of the defendant, asking the court to set aside the judgment of the lower court and order Musa’s unconditional release with compensation and public apology.
Mekwunye contended, among other things, that the continued detention of the appellant in prison for 10 years without trial and the Lagos AG’s refusal to still arraign him before any court as earlier ordered by the lower court, is a breach of his constitutional right to liberty.
However, the appellate court in a judgment delivered by Justice Jimi Bada, disagreed with Mekwunye’s argument, insisting that an arrest and remand was properly made as in the instant case, and cannot constitute a breach of fundamental human rights.
The judge held that there are other avenues for the defendant to seek justice for the purported infringement of his fundamental human rights.
The court, however, took notice of the evidence that the appellant had developed a mental disorder following his long years of incarceration and ordered his unconditional release.
Justice Bada held, “Before I make a final order on this appeal, I’ll draw attention to the fact that the appellant has been in the custody of the third respondent for the past 14 years without trial.
“And according to paragraph 12 of the affidavit in support of the Fundamental Right Application filed at the trial court sworn to on July 18, 2017, the appellant, as a result of his years of confinement, without trial, has developed grave signs of mental disorder.
“There is no counter-affidavit to contradict that fact from any of the first, second and third respondents. Therefore the appellant is hereby ordered to be released unconditionally to any member of his family to enable them to take care of him adequately.”
The two other judges on the panel, Justice Folashade Ojo and Justice Paul Bassi both agreed with the lead judgment.
