The Court of Appeal in Lagos has freed a man identified as Idris Musa, who was detained for 14 years without trial after developing a mental disorder following his long years of incarceration.
Musa was arrested by the police in 2010 over the murder of Ali Kolo.
The appellate court took notice of the evidence that the appellant had developed a mental disorder while in Kirikiri prison and ordered that he be released unconditionally.
Justice Jimi Bada held: “Before I make a final order in this appeal, I will 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.”
Musa was first arraigned before an Ebute Meta Magistrate Court, Lagos.
Magistrate Doja Ojo ordered that he should be remanded in prison custody on a holding charge pending a Directorate of Public Prosecution (DPP) advice.
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.
However, his trial was suspended when a prosecution witness testified that he was not the ‘Idris Musa’ that killed the deceased, for which he was charged.
Thereafter, 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 took up the matter and filed a fundamental human rights enforcement suit against the Commissioner of Police, the office of the Attorney-General and the Deputy Comptroller-General of Prisons seeking Musa’s release.
In 2018, a Lagos High Court sitting in Lagos dismissed the suit.
It held 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 lower court ordered the attorney general’s office to expedite the prosecution of the defendant before a court of competent jurisdiction.
Despite the court order, the defendant remained in prison as no attempt was made by the AG’s office to bring him for trial before any court.\
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Source: The Nation
