Court orders police to pay N310m for illegal detention of lawyer

A Delta State High Court sitting in Ozoro has ordered the Nigeria Police Force to pay N310 million in damages for the unlawful arrest and detention of a lawyer, Otedjere Jude.
Justice E. O. Odebala awarded N300 million as compensation for the illegal detention of the lawyer between 29 and 30 September 2025, and an additional N10 million as cost of litigation.
The judgement followed a fundamental rights enforcement suit filed by Mr Jude against the police and several of its officers over his arrest and detention at the Kwale Police Station in Ndokwa West Local Government Area of Delta State.
Respondents in the suit included police officers in Kwale town, the Commissioner of Police in Delta State, the Inspector General of Police, the Nigeria Police Force, and the Police Service Commission.
Mr Jude approached the court through an originating motion filed on 28 November 2025, citing violations of his rights under Sections 33, 34, 35, 37, 40, 41, and 46 of the 1999 Constitution as amended, as well as provisions of the African Charter on Human and Peoples’ Rights and the Fundamental Rights Enforcement Procedure Rules 2009.
He described his arrest and detention as unconstitutional and asked the court to award N500 million in damages and N20 million as litigation costs.
In his judgement, Justice Odebala held that the police acted without justification and grossly violated the applicant’s fundamental rights.
The judge ruled that the arrest and detention of the lawyer without any lawful basis amounted to an infringement of his liberty and freedom of movement.
He added that even if the arrest had been based on reasonable suspicion, the continued detention of the applicant was unjustifiable and inconsistent with constitutional provisions.
Justice Odebala declared the arrest and detention wrongful, unconstitutional, and beyond the powers of the police.
The court noted that none of the respondents filed a counter affidavit to challenge the facts presented by the applicant.
Relying on the Fundamental Rights Enforcement Procedure Rules, the judge held that the failure of the respondents to respond meant the court was entitled to presume that they accepted the applicant’s claims.
Justice Odebala also criticised the police for filing last minute applications aimed at stopping the delivery of the judgement, describing the move as lawless and unacceptable.
The court struck out the applications and awarded an additional N5 million cost against the respondents.
At the request of the applicant’s counsel, K. O. Uwubiti, a Senior Advocate of Nigeria, the court also struck out a criminal charge earlier filed against Mr Jude.
In addition, the court issued a perpetual injunction restraining the police and their agents from further harassment, intimidation, arrest, or detention of the lawyer over the matter.
Reacting to the judgement, Rockson Igelige, a member of the Nigeria Bar Association in Delta State, said the ruling affirmed that the rule of law remains alive in Nigeria.
He said the judgement would serve as a deterrent against unlawful detention by law enforcement agencies.
Mr Igelige added that the NBA had previously petitioned the Delta State Commissioner of Police over the conduct of the Divisional Police Officer in Kwale and would follow up to ensure full enforcement of the court’s decision.
The News Agency of Nigeria reported that a certified true copy of the judgement was obtained on Thursday.