Jigawa State High Court has ordered the immediate and unconditional release of Mr. Ja’o Sabo, also known as Ya’u, who has been held in detention for more than ten years without proper trial.
The judgment was delivered by Justice Ado Yusif Birnin-Kudu while ruling on a Fundamental Rights Enforcement suit filed by Mr. Sabo.
Mr. Sabo was arrested in 2014 and arraigned before a Magistrate Court in Gumel on charges of criminal conspiracy and armed robbery.
However, the case did not proceed to trial before a court with the requisite jurisdiction to hear such offences.
As a result, he remained in custody for over a decade without his case being determined on its merits, a situation the court described as a grave violation of his constitutional rights.
Justice Birnin-Kudu held that the prolonged detention violated Mr. Sabo’s rights to personal liberty, fair hearing and freedom of movement as guaranteed under the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The court also ruled that the detention contravened relevant provisions of the African Charter on Human and Peoples’ Rights, including the rights to personal liberty and fair trial.
Consequently, the court ordered the Attorney-General of Jigawa State, the Jigawa State Government and the Commissioner of Police to immediately discharge Mr. Sabo from detention.
In a statement by the Director of Publicity and Protocol Matters, Judiciary, Jigawa State, Abbas Rufa’i Wangara, the respondents were further directed to jointly pay Mr. Sabo the sum of ₦10 million as compensation for the violation of his fundamental rights and the hardship suffered during his unlawful detention.
In addition, the court ordered the respondents to tender a public apology to Mr. Sabo, to be broadcast on major radio stations across Jigawa State.
Counsel to the applicant, Barrister Baffa Al’asan, described the judgment as a strong affirmation of constitutional safeguards and urged the respondents to comply promptly with the court’s orders.
Usman Mohammed Zaria
