Delta High Court Slams Police with ₦310m Damages for Unlawful Arrest and Detention of Lawyer
The High Court of Delta State, sitting in Ozoro, has entered judgment against the Nigeria Police Force and its officers, awarding a total of ₦310 million in damages for the unlawful arrest, harassment, and detention of Mr. Otedjere Jude, a legal practitioner.
In a decision delivered by Justice E. O. Odebala, the court ordered the payment of ₦300 million as compensation for the applicant’s illegal arrest and detention between 29 and 30 September 2025, and an additional ₦10 million as costs of litigation. A further ₦5 million was imposed as costs against the respondents for filing frivolous applications intended to stall the delivery of judgment.
Mr. Jude had approached the court by way of a fundamental rights enforcement application, challenging his detention at Kwale Police Station, Ndokwa West LGA, Delta State. The respondents included 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 application, filed on 28 November 2025, was predicated on 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. The applicant sought ₦500 million in damages and ₦20 million as costs.
In his judgment, Justice Odebala held that the arrest and detention constituted a gross violation of the applicant’s fundamental rights. He noted that the applicant committed no offence to warrant arrest, and even if the arrest were presumed lawful, the subsequent detention was unjustifiable.
The court declared the arrest and detention unconstitutional, ultra vires, and of no legal effect. Justice Odebala further observed that none of the respondents filed a counter‑affidavit to controvert the applicant’s claims, thereby entitling the court to presume acceptance of his version of events under Order VIII Rule 3 of the Fundamental Rights (Enforcement Procedure) Rules, 2009.
The judge condemned the police’s last‑minute attempts to halt judgment delivery, describing such conduct as “brigandage and lawlessness.” He also struck out the criminal charge earlier filed against the applicant and granted a perpetual injunction restraining the police and their agents from further harassment, intimidation, or detention of Mr. Jude in relation to the subject matter.
Reacting to the judgment, Mr. Rockson Igelige, a member of the Nigerian Bar Association (NBA), Oleh Branch, hailed the ruling as a reaffirmation of the rule of law and a deterrent against unlawful detention by law enforcement agencies. He recalled that the NBA had earlier petitioned the Delta State Commissioner of Police against the Divisional Police Officer of Kwale, CSP John Gaga, and assured that the association would ensure full enforcement of the judgment.
