Court Orders Police To Pay N310m Damages Over Unlawful Arrest Of Lawyer

A Delta State High Court sitting in Ozoro has awarded a total of N310 million in damages against the Nigeria Police Force (NPF) and its officers for the unlawful arrest, harassment and detention of a lawyer, Mr Otedjere Jude.

Justice E. O. Odebala ordered the police to pay N300 million as compensation for the illegal arrest and detention of the applicant between September 29 and 30, 2025, and an additional N10 million as cost of litigation.

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

Jude had approached the court through a fundamental rights enforcement application, challenging his arrest and detention at the Kwale Police Station in Ndokwa West Local Government Area of Delta State.

Respondents in the suit included several police officers in Kwale, the Commissioner of Police, Delta State; the Inspector-General of Police; the Nigeria Police Force; 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 & 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 applicant described his arrest and detention as unconstitutional and a violation of his fundamental rights, seeking N500 million in damages and N20 million as cost of litigation.

Delivering 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 from 29 September 2025 to 30 September 2025 without justification amount to an infraction of his liberty and freedom of movement,” the judge ruled.

He added that the applicant committed no offence to warrant his arrest and detention, noting that even if the arrest were assumed to be lawful, the subsequent detention was unjustifiable.

“While the Constitution provides for arrest on reasonable suspicion, such suspicion does not amount to detention in anticipation of an arrest,” Justice Odebala said.

The court declared the arrest and detention wrongful, unconstitutional, ultra vires and of no legal effect.

Justice Odebala further noted that none of the respondents filed a counter-affidavit to challenge the facts presented by the applicant.

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

Relying on Order VIII Rule 3 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, the judge held that the court was entitled to presume that the respondents accepted the applicant’s version of events.

The judge also criticised attempts by the police to file last-minute applications aimed at halting the delivery of judgement, describing such actions as unacceptable.

“It connotes brigandage and lawlessness, which the court abhorred,” he stated.
The court struck out the two applications and awarded an additional N5 million cost against the respondents.

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

In addition, Justice Odebala granted an order of perpetual injunction restraining the police and their agents from “inviting, harassing, intimidating, threatening to arrest or detaining the applicant” over the subject matter of the suit.

Reacting to the judgement, Mr Rockson Igelige, a lawyer and member of the Nigeria Bar Association (NBA), Oleh Branch, described the ruling as a reaffirmation of the rule of law.

He said the judgement would serve as a deterrent against unlawful detention by law enforcement agencies.

Igelige recalled that the NBA, Oleh Branch, had earlier petitioned the Delta State Commissioner of Police against the Divisional Police Officer of Kwale, CSP John Gaga, over the incident, and said the association would ensure full enforcement of the judgement.
(NAN)