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Unlawful detention: Brazilian files N100m suit against NDLEA, AGF

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Unlawful detention: Brazilian files N100m suit against NDLEA, AGF

A Brazilian citizen, Bodeya Guevara Alexander, has filed a suit against the National Drug Law Enforcement Agency (NDLEA) and the Attorney-General of the Federation, at the Federal High Court in Lagos, demanding N100 million as damages over alleged unlawful detention since October 20, 2021.

Alexander, who filed the application under the fundamental human rights, marked FHN/L/CS/1623/2021, is praying the court for an order compelling the respondents to release him from custody.

In the suit filed by his lawyer, Chief Ndakara Benson, the applicant is seeking a declaration that his arrest and detention since October 20, 2021, without charge were unlawful, unconstitutional null and void.

The applicant is also seeking an order restraining the respondents from extraditing him as he has not committed any offence anywhere in the world.

His lawyer said the applicant has not violated any of the provisions of the NDLEA Act. Cap N30, Laws of the Federation of Nigeria, to warrant his arrest and detention.

In a 16-paragraph Affidavit of Urgency in support of the application, deposed to by one Michael Egwuatu, an in-law to the applicant, he stated that Alexander has no criminal record anywhere in the world.

He stated that the applicant had been threatened with extradition for no offence, whatsoever.

The deponent, who stated that he lived in Brazil for many years and married the sister of the applicant, explained that the applicant came to Nigeria to attend a burial ceremony of one of his in-laws.

‘’My father died and the applicant was on a visit to be part of the burial in the Eastern part of Nigeria, and if the court does not intervene, the applicant will continue to suffer in detention,”

he stated.

The applicant, through his lawyer, is asking the court to determine whether the NDLEA has the power to detain him for over 19 days without charge or trial, in the face of the provision of Section 33 (4) (a and b) and 35 (5) (a and b) of the 1999 constitution.

He argued that

‘’Section 35 (4) (a) of the constitution says that any person who is arrested or detained, in accordance with subsection (1) ( c) of this Section, shall be brought before a court of law within a reasonable time.”

He urged the court to declare the actions of the respondent as a clear case of abuse of power and self-help.

He argued that the present situation is a violation of the rights of the applicant and against the cardinal principle of justice that,

“no one shall be punished for any offence or an act which he did not commit or cause to be committed.”

He urged the court to declare the arrest of the applicant as an arbitrary or misuse of power, adding that only the court of law can curtail the use of such arbitrary power against people.

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