A Delta state high court sitting in Ozoro on Thursday, February 5, awarded a ₦310 million fine against the Nigeria Police Force (NPF) and its officers for the unlawful arrest, harassment and detention of a lawyer, Otedjere Jude.
Justice E. O. Odebala awarded N300 million as compensation for the violation of the lawyer’s fundamental rights, arising from his arrest and detention between 29 and 30 September 2025.
The court also granted N10 million as the cost of litigation in favour of the applicant.
Jude had filed a fundamental rights enforcement suit against the police, challenging what he described as his illegal arrest and detention.
Several police officers attached to the Kwale Division in Ndokwa West Local Government Area (LGA) of Delta State were listed as respondents.
Other respondents included the Commissioner of Police (CP), Delta State; the Inspector-General of Police (IGP); the Nigeria Police Force (NPF); and the police service commission.
The application, filed on 28 November 2025, was brought pursuant to Sections 33(1), 34, 35, 37, 40, 41 and 46(1 and 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.
The lawyer argued that his arrest and detention at the Kwale police station during the stated period were unconstitutional and amounted to a violation of his fundamental rights.
He sought N500 million in damages and N20 million as the cost of litigation.
In his judgement, Odebala held that the actions of the police constituted a gross violation of the applicant’s rights.
He ruled that the arrest and detention of the lawyer without justification amounted to an infringement of his liberty and freedom of movement, noting that the applicant committed no offence that warranted such action.
The judge added that even if the arrest had been lawful under Section 35(1)(c) of the constitution, the continued detention of the applicant was unjustifiable.
According to the court, while the constitution allows arrest based on reasonable suspicion, such suspicion does not justify detention in anticipation of an offence.
Odebala declared that the arrest and detention of the applicant, allegedly carried out at the prompting of the first respondent, were wrongful, unconstitutional, ultra vires and invalid.
The court further noted that none of the respondents filed a counter-affidavit to challenge the facts presented by the applicant.
Relying on Order VIII Rule 3 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, the judge held that the failure to file a counter-affidavit amounted to an admission of the applicant’s claims.
The judge also criticised last-minute applications filed by the police to halt the delivery of judgement, describing them as improper and unacceptable.
He struck out the applications and awarded N5 million in costs against the respondents.
At the request of the applicant’s counsel, K.O. Uwubiti, the court also struck out the criminal charge filed against the lawyer.
In addition, Odebala granted an order of perpetual injunction, restraining the police and their agents from further harassing, intimidating, arresting or detaining the applicant over the subject matter of the case.
Comments