Court awards N2 million damages in landmark ruling against police misconduct

In a groundbreaking judgment, the Ijebu-Ode Division of the Ogun State High Court has mandated the police to compensate Abolaji Alaba with N2 million for his unwarranted arrest and subsequent illegal detention.

Rendered by Justice A.A Omoniyi on September 29, 2023, the court unequivocally declared Alaba’s arrest as not only unlawful but also unjustifiable and unconstitutional, citing a violation of the applicant’s fundamental rights.

The ruling highlighted that Alaba had been unlawfully confined by police operatives at the Special Anti-Robbery Squad facility in Magbon, Abeokuta, spanning from June 25, 2018, to July 1, 2018.

Case number HCJ/184/2020 saw Abolaji Alaba facing off against the Inspector-General of Police, the Commissioner of Police, Ogun State, the Police Public Relations Officer, and several other policemen. The court’s decision was based on the Fundamental Rights (Enforcement Procedure Rules 2009) Order 1 Rule 2(1), 2, and 3, along with the African Charter on Human and People’s Rights (Ratification and Enforcement) 2014 (Articles 3, 4, 5, 6, 10, 11, and 18), and Sections 3, 35, 36, and 46 of the Federal Republic of Nigeria 1999, as amended.

Alaba contended that in June 2020, the Special Anti-Robbery Squad apprehended him under false charges of armed robbery, abduction, attempted murder, and obtaining money under false pretenses amounting to N25 million. He vehemently denied these allegations.

Furthermore, Alaba asserted that the police violated his fundamental human rights by parading him in front of the media, resulting in his publicized appearance in newspapers.

Detailing the events, the application stated, “Precisely, on Thursday, June 25, 2018, around 11.25 pm, members of the SARS led by the 5th respondent, in the company of about six other policemen, came to my residence at No 32, Asanke Quarters, Ijebu Ode-Epe Expressway to arrest me.”