Delta State High Court sitting in Ozoro has delivered a far-reaching judgment against the misuse of police powers, awarding N400 million in damages to three

The Delta State High Court sitting in Ozoro has delivered a far-reaching judgment against the misuse of police powers, awarding N400 million in damages to three applicants for the violation of their fundamental rights.

The applicants were represented by their counsel, Stewart O. Egedegbe, Esq.

Justice E.O. Odebala, in a ruling read out on April 1, 2026, held that the arrest and detention of Mr. Ededho O. Godspower, Mr. Ededho Ewoma and Miss Ededho Oghenefejiiro were unlawful, finding that both the police and a private complainant acted outside the bounds of the law in pursuing what was essentially a civil dispute.

The suit, marked HCZ/M/29/2025, was filed on August 8, 2025, under Sections 34, 35(6) and 46 of the 1999 Constitution and the Fundamental Rights (Enforcement Procedure) Rules, 2009. The applicants sought declaratory and injunctive reliefs, including N500 million in damages for alleged unlawful arrest, detention and harassment.

Named as respondents were the Nigeria Police Force, the Police Service Commission, the Area Commander in Ozoro, ASP Joseph E. Ekwebelem, Sergeant Joshua Renge, and Mr. Ojeje Edafe, whose petition to the police set the process in motion.

At the centre of the dispute was a disagreement over a parcel of land. The 6th respondent alleged that the 1st applicant and his late father had sold the land to a third party, an allegation the applicants denied, maintaining that the matter was purely civil.

Despite this, the complaint was escalated 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.

In support of their application, the applicants filed a 29-paragraph affidavit with exhibits, including disputed charge sheets and petitions to the Assistant Inspector General of Police, Zone 5, Benin City. They argued that their arrest and continued invitation were unlawful, particularly after the matter had been formally transferred from the Ozoro command.

They further contended that police officers proceeded to prepare charge sheets and attempted to arraign them in absentia, without their presence or proper identification, in breach of due process and their right to fair hearing.

Of the six respondents, only the 6th respondent filed a counter-affidavit. The police authorities did not respond. At the hearing on February 18, 2026, the court adopted the written addresses of the parties and struck out a motion earlier filed by the police.

In its judgment, the court reaffirmed the constitutional rights to dignity, personal liberty and freedom of movement, stressing that police powers must be exercised on the basis of reasonable suspicion of a criminal offence.

Justice Odebala held that the dispute was civil in nature and criticised the practice of converting such matters into criminal cases. Relying on Kure v. C.O.P (2020), the court described the use of police processes in civil disputes as an abuse of power.

The court found that the 6th respondent acted in bad faith by reporting the matter to the police and held him liable for the consequences. It also ruled that continued police involvement after the case had been transferred to Zone 5 was unlawful.

On the charges, the court held that the applicants were never properly arraigned. Citing Adamu v. State (2017), it reiterated that a valid arraignment requires the presence of the accused, the reading and explanation of the charge and the taking of a plea, failing which the process is a nullity.

The court further held that the failure of the police to file a counter-affidavit meant the applicants’ evidence stood unchallenged.

It consequently declared the arrest and detention unlawful, restrained further harassment, set aside Charge Nos. MCZ/75C/2025 and MCZ/77C/2025, and awarded N400 million in damages against all respondents jointly.