In a statement by Tayo Soyemi, on behalf of the Falana and Falana Chambers, Justice Ambrose Allagoa gave the order after hearing arguments from Funmi Falana.
According to the statement, the court ruled that Section 438 of the Administration of Criminal Justice Act is a violation of the fundamental right of Nigerians to liberty guaranteed by Section 35 of the Nigerian Constitution 1999 (as amended) and article 6 of the African Charter on Human and Peoples’ Rights.
In the suit, the applicant had argued that Section 438 of the Administration of Criminal Justice Act empowers the Attorney General of the Federation to arrest and detain any person at will without recourse to the dictates of the Nigerian Constitution which is the grundnorm.
The applicant also argued that Section 438 of the Administration of Criminal Justice Act is draconian, vests too much power in the Attorney General of the Federation and is an usurpation of the powers of the judiciary.
