A Delta State High Court sitting in Ozoro has ordered the Nigeria Police Force and its officers to pay a total of N310 million for the unlawful arrest, harassment and detention of a lawyer, Otedjere Jude.
In a judgment delivered by Justice E. O. Odebala, the court awarded N300 million as compensation against the police for the unlawful arrest and detention of the lawyer between Sept. 29, 2025 and Sept. 30, 2025.
The court also granted N10 million as cost of litigation in favour of the applicant.
According to the certified true copy of the judgment obtained by the News Agency of Nigeria on Thursday, the suit arose from a fundamental rights enforcement application instituted by the lawyer against the police.
Those listed as respondents include 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 approached the court through an originating motion filed on Nov. 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 the Kwale Police Station between Sept. 29, 2025 and Sept. 30, 2025, describing the actions of the police as unconstitutional and a violation of his fundamental rights.
The lawyer sought an order awarding N500 million as damages for the alleged unlawful arrest and detention, as well as N20 million as cost of litigation against the respondents.
In his ruling, Justice Odebala held that the conduct of the police amounted to a grave breach of the applicant’s fundamental rights.
“I held that the arrest and detention of the applicant by the Police at Kwale police station on Sept. 29, 2025 to Sept. 3o 2025 without justification amount to infraction of his liberty and freedom of movement.
“The applicant did not commit any offence to warrant the respondent to arrest and detain the applicant or take any step that is inconsistent with the fundamental rights of the applicant as guaranteed and protected under the 1999 Constitution.
“Assuming but without conceding that the applicant was legally arrested pursuant to Section 35 (1) (c) of the 1999 Constitution, the Respondents still flagrantly detained the applicant for unsustainable reasons.‘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 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 court ruled.
The judge further observed that none of the respondents filed a counter-affidavit to dispute 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,” Justice Odebala stated.
Relying on Order VIII Rule 3 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, the judge explained that 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.”
Justice Odebala also faulted the attempt by the police to introduce last-minute applications aimed at halting the delivery of judgment, describing such actions as improper.
“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 said.
Consequently, the court struck out the two applications filed by the respondents and awarded N5 million cost against them.
At the request of the applicant’s counsel, Chief K. O. Uwubiti (SAN), the court also struck out the criminal charge filed against the lawyer.
“The Charge in Suit No MK/1C/2025 Between Commissioner of Police v. Barr. Itedjere Jude; or any other charge in relation to this matter is hereby struck out,” the judge ordered.
In granting the substantive reliefs sought, Justice Odebala issued an order of perpetual injunction restraining the police and their agents from “inviting, harassing, chasing, disturbing, intimidating or threatening to arrest and/or causing the detention of the applicant” in connection with the subject matter of the suit.
Reacting to the judgment, Rockson Igelige, a lawyer and member of the Nigeria Bar Association (NBA), Oleh branch, described the ruling as affirmation that the rule of law remains alive in Nigeria.
He said the judgment would serve as a deterrent to the police against the unlawful arrest and detention of innocent citizens.
Igelige recalled that the NBA Oleh branch, under whose jurisdiction the applicant falls, had earlier petitioned the Commissioner of Police, Delta State, against the Divisional Police Officer of Kwale, CSP John Gaga, over the incident.
He added that the NBA would monitor the matter to ensure full compliance with the judgment.
