The Federal High Court sitting in Umuahia, Abia State, has awarded the sum of one million naira (₦1,000,000) as damages against the Nigerian Police Force, Zone 9, for the unlawful arrest and detention of two Nigerian citizens—Chiamaka Nsionu and Amarachi Chidi—ruling the action a violation of their fundamental human rights as guaranteed under Section 35(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Presiding over the case, Justice K.O. Ogundare, in a judgment delivered on March 27, 2025, held that the arrest of the applicants on May 18, 2023, at the premises of Nelico Biochemical Industries Ltd. in Asa-Umunka, Abia State, and their subsequent detention at the Zone 9 Police Headquarters in Umuahia until May 20, 2023, was illegal, unconstitutional, and void. The court found that there was no evidence or reasonable ground to suspect the applicants of any criminal offence.
The applicants, represented by their legal counsel, Barrister Chima Nnamdi, brought the suit under case number FHC/UM/CS/79/2023, seeking various reliefs. Among these was a declaration that the directive issued by the Zone 9 Police requiring the applicants to return to the station on May 22, 2023, with the CEO/Chairman of Nelico Biochemical Industries Ltd., with the threat of further arrest and detention upon non-compliance, was also illegal and void.
Justice Ogundare agreed with the applicants’ arguments, noting that such directives contravened their constitutional rights and amounted to an abuse of police powers. Accordingly, the court issued a perpetual injunction restraining the Nigerian Police, their agents, or any affiliates from enforcing such directives or re-arresting the applicants in connection with the matter.
In addition to the ₦1 million awarded jointly and severally as damages for the violation of the applicants’ rights, the court also ordered the respondents to pay an additional ₦250,000 as the assessed cost of the legal action.
Respondents in the suit included the Inspector General of Police, the Assistant Inspector General of Police (Zone 9, Umuahia), Inspector John Onunaku, the Officer in Charge of the Police Monitoring Unit (Zone 9), and the Police Service Commission.
The judgment reinforces the court’s constitutional authority under Sections 35(6) and 46 of the 1999 Constitution to award damages for unlawful detention and to provide legal redress aimed at curbing human rights violations by state authorities.
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