… awards N300m damages against the Nigeria Police Force in favour of Delta based Legal Practitioner, who was unlawfully arrested, detainedÂ
By Austin Ogwuda
AN Ozoro High Court in Delta State, Nigeria, has awarded the sum of N300 million as damages against the Nigeria Police Force for unlawful arrest and detention of a Delta based legal practitioner, Jude Itedjere.
This followed a suit filed by the Applicant (Barrister Jude Itedjere) against 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 applicant had approached the court through an Originating Motion filed on November 28, 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 September 29 and September 30, 2025, describing the action of the police as unconstitutional and a violation of his fundamental rights.
Delivering judgment, Justice E.O. Odebala held that the actions of the Police amounted to a gross violation of the applicant’s rights.
The Judge held that “In the instant case, the Respondents harassed, arrested and detained the Applicant from the 29/09/2025 to the 30/09/2025 and also intimidated the Applicant which act is wrongful, unconstitutional and contravenes the Applicant’s right to personal liberty, freedom of movement and dignity of human person in respect of right to personal liberty and right to property as guaranteed and protected under Sections 35 (1), 41 and 43 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“Assuming but without conceding that the Applicant were legally arrested pursuant to Section 35 (1) (c) of the 1999 Constitution the Respondents still flagrantly detained the Applicant for unsustainable reasons. See the case of director SSS V. IBRAHIM (2016) LPELR-41618 (CA) where the appellate court held: ‘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… to detain the Applicant at Kwale Police Station on the 29/09/2025 to the 30/09/2025 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 same is wrongful, unconstitutional, ultra vires and of no moment whatsoever.
“The lawyer did not commit any offence to warrant the Respondents to arrest and detain the Applicant or take any step that is inconsistent with the fundamental rights of the Applicant guaranteed and protected under the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“I must state here with alacrity that none of the Respondents filed a counter-affidavit to this instant application.
“Relying on Order VIII Rule 3 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, the judge went on, “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”.
Twarted move to truncate the judgment
Justice Odebala in his judgment criticised attempts by the Police to file last-minute applications to stop the delivery of judgment, describing such moves as unacceptable.
“It is settled law that once a case has been heard and adjourned for judgment, 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 ruled.
Consequently, the two applications were not considered as they were thrashed.
Source: SaharaReportersÂ
