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Home ECOWAS Nigeria

Court slams N310 million fine on Nigerian police for illegal detention of lawyer

The Delta State High Court, Ozoro Division, has imposed a fine of N310 million on the police for the unlawful arrest, harassment and detention of a lawyer, Otedjere Jude.

by Diplomatic Info
February 5, 2026
in Nigeria
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The Delta State High Court, Ozoro Division, has imposed a fine of N310 million on the police 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 from September 29 to 30 in 2025. The court also awarded ₦10 million in costs of litigation in favour of the applicant.

In the certified true copy of the judgment obtained on Thursday, the case arose from a fundamental rights enforcement application filed by the lawyer against the police.

The respondents in the case were several officers in Kwale, the commissioner of police, the inspector-general of police, the Nigeria Police Force, and the Police Service Commission.

The lawyer 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 sought the order of the court awarding N500 million as damages for his unlawful arrest and detention, and N20 million for the cost of litigation against the respondents.

In the judgment, Mr Odebala held that the police’s actions amounted to a gross violation of the applicant’s rights.

The judge noted that none of the respondents filed any counter-affidavit to challenge the facts placed before it by the applicant.

Relying on Order VIII Rule 3 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, the judge added 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”.

Mr Odebala also criticised attempts by the police to file last-minute applications to stop the delivery of judgment, describing such moves as unacceptable.

The court, therefore, struck out the two applications filed by the respondents and awarded ₦5 million in costs against them.

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

In granting the substantive reliefs, Mr Odebala made 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” over the subject matter of the suit.

(NAN)

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