At the resumed hearing of the matter, a counsel from Abiodun Odusote Chambers, representing Orji informed the court that they had received documents and a sworn affidavit from Prison authorities confirming the fact that the plaintiff had died.
As a result, she informed the court that they wanted to withdraw their application and the court granted them the request and struck out the case.
You will recall that before his death on August 17, 2012, Orji had through his counsel, Abiodun Odusote filed an Originating Motion before the court asking for some declarations and orders
The Originating Motion asked for a declaration that the continued detention of the applicant at the Kirikiri Maximum Prisons for upwards of 12 years without trial and without due process as unconstitutional and a violation of his right to liberty as enshrined in Section 35 (1) (4) of the 1999 constitution and Article 6 of the African Charter.
He also asked for a declaration that the various acts of torture, harassment and inhuman treatment meted out on the applicant by police officers violates the applicant’s right guaranteed by Section 34 (1) of the 1999 constitution.
Orji also asked for an order of the court requesting the Director of Public Prosecutions to show cause why the applicant should be released from prison custody forthwith unconditionally and an order of perpetual injunction restraining the defendants from his further arrest and detention.
The case delineated ID/286m/12 was filed in April 2012 and which was supported by a 12-paragraph affidavit, also asked for an order releasing the applicant from illegal detention and the sum of one million naira being exemplary and general damages for breaching his constitutional right
Orji was arraigned for murder in a Lagos State High Court delineated ID/190E/200 and ordered to be remanded in prison custody on December 7, 2000.
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