A High Court of Justice sitting in Ozoro, Delta State, has slammed N300 million damages against the Nigeria Police Force and its officers for the unlawful arrest, harassment and detention of a lawyer, Barrister Itedjere Jude.
The judgment was delivered by Justice E.O. Odebala on Wednesday, January 28, 2026, in Suit No: HCZ/M/43/2025, following a fundamental rights enforcement application filed by the lawyer against the Divisional Police Officer (DPO), and several Police Officers in Kwale Division; the Commissioner of Police, Delta State; the Inspector-General of Police; the Nigeria Police Force and the Police Service Commission.
The court also awarded N10 million as cost of litigation in favour of the applicant.
A certified true copy of the judgment obtained by The Isoko Nation showed that Barrister Itedjere Jude had 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.
Barr. Itedjere challenged his arrest and detention at Kwale Police Station between September 29 and September 30, 2025, describing the action of the police as unconstitutional and a violation of his fundamental rights.
In the judgment, Justice Odebala held that the actions of the police amounted to a gross violation of the applicant’s rights.
Justice Odebala held, “In the instant case, the Respondents harassed, arrested and detained the Applicant from the 29/09/2025 to the 30/09/2025 and also intimidated the Applicant which act is wrongful, unconstitutional and contravenes the Applicant’s right to personal liberty, freedom of movement and dignity of human person in respect of right to personal liberty and right to property as guaranteed and protected under Sections 35 (1), 41 and 43 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“Assuming but without conceding that the Applicant were legally arrested pursuant to Section 35 (1) (c) of the 1999 Constitution, the Respondents still flagrantly detained the Applicant for unsustainable reasons. See the case of Director SSS V. IBRAHIM (2016) LPELR-41618 (CA) where the appellate court held: ‘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… to detain the Applicant at Kwale Police Station on the 29/09/2025 to the 30/09/2025 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 declared that the lawyer “did not commit any offence to warrant the Respondents to arrest and detain the Applicant or take any step that is inconsistent with the fundamental rights of the Applicant guaranteed and protected under the Constitution of the Federal Republic of Nigeria 1999 (as amended).”
The court noted that none of the respondents filed any counter-affidavit to challenge the facts placed before it 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 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.”
Justice Odebala also criticised attempts by the police to file last-minute applications to stop the delivery of judgment, describing such moves as unacceptable.
“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.
The court struck out the two applications filed by the respondents and awarded ₦5 million cost against them.
At the instance 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, Justice 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.
The court concluded: “I award the sum of N300,000,000.00 (Three Hundred Million Naira) as compensation against the Respondents for the unlawful arrest and detention of the Applicant.
“I also award the sum of N10,000,000.00 (Ten Million Naira) being cost of litigation in favour of the Applicant against the Respondents.”
