The applicants, Okoye and Nwokolo were arrested by men of the Nigerian Police Force on July 11, 2019 and have since not been released.
Moving a motion for the enforcement of their fundamental human right, counsel to the applicants, Alex Ejesieme (SAN) argued that the police have contravened section 35 (1)© of the 1999 constitution for more than 48 hours without filing a charge against them.
He stressed that “the police are duty bound to arraign the applicants before a court of competent jurisdiction” if they have a case against them. Ejesieme urged the court to grant their application.
Ruling on the application, Justice Affen held that “the detention of the applicants by the police is illegal.”
He said despite the fact that the respondents (police) were served with the motion on August 6, they have not responded nor come to court to show cause why the respondents were still being detained.
He held that the act of the police is an infringement on the fundamental human rights of the applicants.
Consequently, the judge ordered the IGP and the Superintendent of Police team lead, Ibrahim Angbasa to pay a N3m sum to each of the applicants. He further issued a restraining order against the police from re-arresting the applicants.
BACKGROUND
Angus Okoye, 48 the younger brother to the first applicant Edward Okoye was killed on December 16, 2018 at Isuanocha in Awka North Local Government Area of Anambra state.
It was reported that the police had launched a manhunt to apprehend his killers.
However on July 11, 2019 the police arrested the applicants instead.

According to the Mr Ejesieme, the police are alleging that his clients are responsible for the disappearance of the suspected murderers.