Court orders police to pay N310million for illegal detention of lawyer

A Delta State High Court in Ozoro has awarded a N310 million fine against the Nigeria Police Force and its officers for unlawful arrest, harassment and detention of a lawyer, Otedjere Jude.

Justice E. O. Odebala awarded N300 million as compensation against the police for the unlawful arrest and detention of the lawyer from 29 September 2025 to 30 September 2025.

The court also awarded N10 million as cost of litigation in favour of the applicant.

The News Agency of Nigeria (NAN) obtained a certified true copy of the judgement on Thursday.

The lawyer, Mr Jude, had filed a fundamental rights enforcement application against the police for his unlawful arrest and detention.

Several police officers in Kwale town, Ndokwa West Local Government Area, Delta State, were respondents in the case.

Other respondents were the Commissioner of Police, Delta State; the Inspector-General of Police; the Nigeria Police Force; and the Police Service Commission.

The lawyer approached the court through an originating motion filed on 28 November 2025, pursuant to Sections 33(1), 34, 35, 37, 40, 41 and 46(1 & 2) of the 1999 Constitution (as amended), Article 6 of the African Charter on Human and Peoples’ Rights and the Fundamental Rights (Enforcement Procedure) Rules, 2009.

He challenged his arrest and detention at Kwale Police Station between 29 September 2025 and 30 September 2025, describing the action of the police as unconstitutional and a violation of his fundamental rights.

He asked the court to award N500 million as damages for his unlawful arrest and detention and N20 million as cost of litigation against the respondents.

The judgement

In his judgement, Justice Odebala held that the actions of the police amounted to a gross violation of the applicant’s rights.

“I held that the arrest and detention of the applicant by the Police at Kwale Police Station on 29 September 2025 to 30 September 2025 without justification, amount to infraction of his liberty and freedom of movement.

“The applicant did not commit any offence to warrant the respondent to arrest and detain the applicant or take any step that is inconsistent with the fundamental rights of the applicant as guaranteed and protected under the 1999 Constitution.

“Assuming but without conceding that the applicant was legally arrested pursuant to Section 35 (1) (c) of the 1999 Constitution, the Respondents still flagrantly detained the applicant for unsustainable reasons.

“While the Constitution provides for arrest on reasonable suspicion, such suspicion does not, I hold, amount to detention in anticipation of an arrest.

“It is hereby declared that the arrest and detention of the applicant at the prompting and instigation of the 1st Respondent without any justification amounts to an infraction of the liberty and freedom of movement of the applicant and the same is wrongful, unconstitutional, ultra vires and of no moment whatsoever,” the court ruled.

The judge noted that none of the respondents filed any counter-affidavit to challenge the facts placed before it by the applicant.

“I must state here with alacrity that none of the respondents filed a counter-affidavit to this instant application,” Justice Odebala stated.

Relying on Order VIII Rule 3 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, the judge added that where a respondent fails to file a counter-affidavit, “the court shall presume that the respondent has accepted the facts as presented by the applicant.”

Justice Odebala criticised attempts by the police to file last-minute applications to stop the delivery of judgement, describing such moves as unacceptable.

“It is settled law that once a case has been heard and adjourned for judgement, no application whatsoever no matter how cleverly it is phrased such as the two applications before me, cannot legally truncate or arrest the delivery of a judgment.

“It connotes brigandage and lawlessness, which the court abhorred,” he said.

The court, therefore, struck out the two applications filed by the respondents and awarded N5 million cost against them.

At the instance of the applicant’s counsel, K.O. Uwubiti (SAN), the court also struck out the criminal charge filed against the lawyer.

In granting the substantive reliefs, Justice Odebala made an order of perpetual injunction restraining the police and their agents from “inviting, harassing, chasing, disturbing, intimidating or threatening to arrest and/or causing the detention of the applicant” over the subject matter of the suit.

Reacting to the judgement, Rockson Igelige, a lawyer and member of the Nigeria Bar Association (NBA), Oleh branch in Delta, said it is a confirmation that the rule of law is alive in Nigeria.

He said the judgement would serve as a deterrent to the police to desist from the unlawful detention of innocent Nigerians.

Mr Igelige recalled that the Oleh branch of the NBA, the applicant’s jurisdiction, had submitted a petition to the Commissioner of Police in Delta against the Divisional Police Officer of Kwale, John Gaga, a chief superintendent of police, over the matter.

He said the NBA would follow up on the case to ensure that the judgement is implemented.

(NAN)