Calabar High Court Orders 13 Brigade To Release Or Arraign Civilian Detainee

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By; VITALIS UGOH, Calabar
 
A Calabar High Court presided over by Justice Edem Koofreh, has  ordered the Commander  13 Brigade, of the Nigerian Army Calabar, Brigadier Ismaila A, to release a civilian, one  Isaac Ebenya, who is being  detained by the Brigade or arraign him before a court  of competent jurisdiction.
 
Justice  Koofreh  gave the Order following  an Application by Isaac for the enforcement of his fundamental rights brought before the court  by his counsel,  Dickson Arikpo, pursuant to Order 11 Rules 1,2,3 of the Fundamental Right , Enforcement Procedure, Rules 2009 seeking for his  immediate release.
 
“It is hereby declared  that the arrest and detention of the Applicant by the Respondent on 26th June, 2018 till now without trail,  granting him bail or releasing him up till  this moment  constitutes a violation of the Applicant’s Fundamental Right of Human Dignity and Liberty as enshrined in Section 34 and 35 of the Constitution of the Fedrral Republic of Nigeria as amended”. Justice Koofreh said 
 
Koofreh ordered  that Applicant be arraigned or released from custody forthwith
 
‘”This court also restraints the Respondent either by himself, agents, offices, workers or persons acting for or on his behalf from further arresting or detaining the Applicant without the order of a competent court, he added”.
 
Major Okoro, the Army Public Relations Officer said the Brigade is yet to receive any Court Order asking for the release of the Applicant.

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