Court Slams Nigerian Police With ₦1 Million Damages Over Illegal Detention In Abia

Delivering judgment on March 27, 2025, Justice K.O. Ogundare held that the police violated the applicants’ fundamental rights as guaranteed under Section 35(1) of the 1999 Constitution (as amended) when they were arrested on May 18, 2023, at the premises of Nelico Biochemical Industries Ltd. in Asa-Umunka, Abia State, and detained at Zone 9 Headquarters in Umuahia until May 20, 2023.

The court ruled that there was no lawful justification or reasonable suspicion to warrant the arrest or continued detention of the applicants.

Represented by Barrister Chima Nnamdi, the applicants had also challenged a directive from Zone 9 Police authorities asking them to return to the station on May 22, 2023, along with the CEO/Chairman of Nelico Biochemical Industries Ltd., under the threat of re-arrest and detention.

Justice Ogundare condemned the directive as illegal, coercive, and unconstitutional, stating it amounted to an abuse of police powers and an infringement on the applicants’ freedom.

The court further issued a perpetual injunction restraining the police and their agents from arresting or harassing the applicants in connection with the matter, emphasizing that law enforcement must operate within the bounds of the law.

In addition to the ₦1 million awarded jointly and severally against the police for the rights violation, the court also awarded ₦250,000 as legal costs to the applicants.

Respondents in the suit marked FHC/UM/CS/79/2023 included:

This ruling underscores the judiciary’s role in protecting citizens from arbitrary use of force and reinforces provisions in Sections 35(6) and 46 of the Constitution, which empower courts to grant redress and compensation for breaches of fundamental rights.