Justice John Tsoho of the Federal High Court gave the judgement while ruling in the fundamental human rights enforcement suit filed by Maikori on May 5, 2017.
Justice Tsoho held that his judgement was not meant to interfere with the ongoing trial of Makori in Kaduna.
The respondents to the suit are the Inspector-General of Police, the Commissioner of Police in Kaduna State, the Governor of Kaduna State and the Attorney-General of Kaduna State.
Stating that the arrest of Maikori in Lagos was unlawful, the Judge held that the police failed to register the arrest warrant obtained from a magistrates’ court in Kaduna in any court in Lagos.
“By necessary implication, the arrest was unlawful despite being released after 24 hours.”
The Chocolate City boss was arrested on allegations of posting “inciting” tweets alleging the killing of some Southern Kaduna students by Fulani herdsmen.
Despite apologizing for the tweets on noticing that the information was false, the police obtained an order of arrest from a Magistrates’ court in Kaduna and against this backdrop, he was arrested in Lagos on February 17.
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