The High Court of Justice in Nsukka, Enugu State, has awarded ₦2.5 million in damages against law enforcement officials for the unlawful arrest and detention of six individuals over a land dispute, reaffirming the illegality of police interference in civil matters.
The judgment, delivered in Suit No. N146/2024 by Honourable Justice Alukwu J, marks a significant stand against the misuse of state security apparatus for personal or civil grievances. The court ordered the respondents comprising both private individuals and law enforcement agents to pay ₦2 million in exemplary damages and ₦500,000 in legal costs to the applicants.
The six applicants, represented by Ben Okoko, Esq., were detained between December 3–7, 2024 (for the 6th applicant and his workers), and January 7–10, 2025 (for the 1st to 5th applicants), at the instigation of the 2nd to 4th respondents, who were involved in a civil land dispute with them.
Rather than pursuing civil remedies, the respondents reportedly used their influence to involve the police, leading to the applicants’ arrest and detention at the State Criminal Investigation Department (CID) in Enugu despite the presence of nearby police stations in Obinze and Nsukka.
The court held that the arrest and detention violated the applicants’ constitutional rights to liberty, dignity, health, privacy, and legal representation under Sections 33, 34, 35, 36(6)(c), 37, and 41 of the 1999 Constitution (as amended), as well as Articles 4, 5, 6, 7(c), and 16 of the African Charter on Human and Peoples’ Rights.
Justice Alukwu condemned the inhuman and degrading treatment of the detainees, including:
“These actions were not only unconstitutional but deliberately oppressive,” the court noted, stressing that fundamental rights remain inviolable even in detention.
In addition to the damages, the court issued a perpetual injunction restraining all respondents, their agents, and privies from further arresting, detaining, or interfering with the liberty of the applicants in relation to the land matter, which it affirmed was purely civil and contractual in nature.
Speaking after the verdict, lead counsel to the applicants, Ben Okoko, Esq., praised the court for its principled stance, describing the decision as a victory for constitutionalism and human dignity.
“The court has now drawn a line in the sand on several critical issues,” Okoko said, summarizing key findings from the judgment:
Lawyers and human rights advocates have hailed the ruling as a bold reaffirmation of judicial oversight on police excesses. “This judgment sends a strong message against the criminalization of civil disputes and the abusive use of police by the powerful,” said one legal commentator.
The court emphasized that even convicted criminals retain certain rights under Nigerian law, and that mere suspects particularly in civil conflicts should never be subjected to degrading treatment.
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