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admin | Category: Fitness Equipment Buy Online | 31.08.2014
Sit so that your arm is supported but your hand hangs off the edge of a flat surface, such as a table. Slowly raise and lower the weight while keeping your forearm on the table and palm facing up. Place your right elbow on your right thigh, and hold the weight with your forearm horizontal. If you feel your 'rear view' needs a makeover, these workout moves can help give you a lift. Counsel submits that there are implied conditions which must be satisfied by the issuing authority for the proper exercise of powers under decree No.2 of 1984. Healthwise, Healthwise for every health decision, and the Healthwise logo are trademarks of Healthwise, Incorporated.
These conditions include well-settled rules of natural justice in exercising the power to issue detention order. 206 as an example where the court declined jurisdiction to question the exercise of discretionary and subjective power such as the one exercisable by the inspector general of police.
Liversidge case was followed in Nigeria by Wang Ching - Yao & Ors v Chief of Staff (unreported) Appeal No. But counsel urges us to depart from the approach under Liversidge case, having regard to modern judicial developments. Finally, he submits that Liversidge case is no longer the law having regard to Nakkuda Ali v Jayaratine (1951) A.C 66 at pp 76-77.


46) 1007 at 102 and, urges that the court should have the power to ascertain whether in the exercise of the discretion to issue out a detention order against a citizen, such as the cross-appellant, the detaining authority ought not to have good reasons in fact to claim satisfaction that the cross-appellant, at the time of his arrest, constituted a threat to state security.
Nevertheless, the inquiry in this regard is whether, directly or by implication, the above provisions place an obligation on the authority issuing detention order to disclose the reasons behind his satisfaction to issue a detention order. It is indisputable that the issuing authority is by the tenor of the Decree, vested with expensive power which is both discretionary and subjective. I am unable to discover from close reading of section 1 (1) of Decree No.11 of 1994 any obligation in the authority issuing detention orders to disclose reasons in the way and manner he exercises his subjective discretion.
Contrary to the submission by learned cross-appellant's counsel that the Decree, as amended, has spelt out conditions or circumstances which must exist before the Inspector-General of Police can issue a detention order, I have searched, in vain, to discover the said conditions-precedent. Clearly, learned counsel is reading implied conditions into the lucid and unambiguous provisions of section 1 (1) of Decree No.11 of 1994. No reasons are given by the detaining authority to anyone as to how a detainee is or constitutes himself in acts detrimental to state security.
Put tersely but frankly, it is manifest that the power vested in the detaining authority can be wielded arbitrarily and capriciously without any remedy or right to seek a review of the decision of the detaining authority.
With utmost respect to counsel, I am unable to accept this; it is an unwarranted encrustment on the plain and ambiguous provisions of the statute.
In any event, the inbuilt ouster clause under section 4, as it were, shields the arbitrariness in which the power of the relevant time of the operations of these Decrees was during the military regime, a time that provisions of the 1979 Constitution had been substantially suspended and when judicial powers of the state had been radically eroded and inclusion of ouster of the jurisdiction of courts of law in statutes became the rule rather than the exception. It is against this background that the platitude of subjective discretionary power conferred on the detaining authority could be better appreciated.


It was common ground that learned counsel for the cross-appellant not only read it, like the respondents' counsel, but relied on it to show the illegality of the arrest and detention of the cross-appellant for a few days. Not having properly admitted the detention order in evidence, cross- appellant's counsel then submitted that the court was in error to have taken judicial notice of the existence of the detention order unless one was produced from the custody of the detention centre where the detainee was being kept or a certified true copy hereof was tendered in evidence. Clearly, it is not open to the court to take judicial notice of such a document in the absence of any law authorising such approach.
There is no gainsaying the fact that the copy of the detention ordzer was a material document to both parties as well as the court. The cross-appellant needed it to establish the illegality of the detention, on the one hand, while the cross-respondents can only properly establish the legality of the detention, on the other hand, by the same document. Although in the absence of the detention order itself, a certified copy thereof ought to have been produced. Although the Court of Appeal disapproved of this informal procedure, nevertheless it held that it was of no moment to now argue at the appeal stage that the detention order was not formally admitted in evidence, bearing in mind the access both parties had to the order and the use of which it was put by them, more so as it did not occasion any miscarriage of justice. While endorsing the lower court's conclusion on the informal way the detention order was introduced at the trial, it must be strongly denounced and much to be discouraged. In future, such issue should be thoroughly tested and thrashed out at the court of trial under the strict rules of admissibility of documentary evidence and not postponed to postmortem consideration when the case is on appeal.



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