Court Awards ₦400m Against Nigeria Police Over Illegal Arrest, Detention in Delta Land Dispute

High Court condemns misuse of police powers in civil matter, voids charges.

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By Jumaima Ojo | Abuja, Nigeria

A Delta State High Court has awarded ₦400 million in damages against the Nigeria Police Force and other defendants for the unlawful arrest and detention of three individuals.

The court ruled that the police acted outside their constitutional mandate by вмешing in a purely civil land dispute.

Justice E.O. Odebala of the Delta State High Court sitting in Ozoro delivered the judgment in Suit No. HCZ/M/29/2025, filed on August 8, 2025, under the Fundamental Rights (Enforcement Procedure) Rules, 2009.

The applicants — Ededho O. Godspower, Ededho Ewoma, and Ededho Oghenefejiiro — had sued the Nigeria Police Force, the Police Service Commission, the Area Commander in Ozoro, ASP Joseph E. Ekwebelem, Sergeant Joshua Renge, and one Ojeje Edafe.

They sought declaratory and injunctive reliefs, including ₦500 million in damages, over alleged unlawful arrest, detention, assault, and harassment arising from a land dispute.

At the centre of the case was a disagreement over ownership of a parcel of land, with the sixth respondent alleging that the first applicant and his late father had sold the land to a third party — a claim the applicants denied.

Despite the civil nature of the dispute, the matter was reported to the police, leading to the arrest and detention of the applicants on allegations including stealing, unlawful possession of firearms, and conduct likely to cause a breach of peace.

The applicants supported their case with a 29-paragraph affidavit and documentary exhibits, including petitions and disputed charge sheets.

Notably, only the sixth respondent filed a counter-affidavit, while the police and other respondents failed to challenge the claims.

At the hearing on February 18, 2026, the court adopted written submissions and struck out a motion filed by the police.

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In its ruling delivered on April 1, 2026, the court held that the arrest and detention of the applicants were unlawful, unconstitutional, and a violation of their fundamental rights to dignity, personal liberty, and freedom of movement.

Justice Odebala emphasised that while the police possess broad investigative powers, such authority must be exercised strictly within the bounds of the law and only in relation to criminal matters.

The court further faulted the continued police involvement after the case had been transferred to the office of the Assistant Inspector General of Police, Zone 5, Benin City, describing it as harassment and intimidation.

On the issue of arraignment, the court held that the applicants were never properly arraigned, noting that due process requires the physical presence of the accused, clear reading of charges, and entry of plea.

The court ruled that failure to meet these conditions rendered the entire process null and void.

It also held that the use of police machinery in civil disputes amounts to an abuse of power, warning against the growing trend of criminalising civil matters.

Consequently, the court granted all reliefs sought by the applicants, declared their arrest and detention illegal, set aside Charge Nos. MCZ/75C/2025 and MCZ/77C/2025, and restrained the respondents from further harassment.

The court awarded ₦400 million in general and exemplary damages jointly against all six respondents.

The judgment reinforces judicial limits on police powers and sends a clear warning against the misuse of law enforcement in civil disputes. It also underscores the courts’ role in protecting fundamental rights and could influence future litigation involving abuse of authority by security agencies.