In a significant legal victory, the High Court of Justice in Ogun State, Abeokuta Judicial Division, has ruled in favor of Sunday Mafe, awarding him N25 million in damages for the unlawful arrest and detention by the office of the Ogun State Commissioner of Police and five others.
The judgement, issued by Justice E.O. Osinuga on Monday, February 5, 2024, highlighted the repeated detention of Mafe by the Nigeria Police Force, emphasizing that such actions violated his fundamental human rights. The court specifically cited instances of Mafe’s detention in December 2016, based on a petition concerning a civil and land matter over which the police lacked jurisdiction.
Justice Osinuga unequivocally declared the detentions as unconstitutional and unlawful, cautioning the police against involving themselves in civil transactions, disputes, contracts, or land disputes.
The case, with suit no. HCJ/150/2017, brought by Mafe against the Ogun State Commissioner of Police and others, centered on the breach of his fundamental human rights as enshrined in Sections 34 and 45 of the 1999 Constitution, as well as the breach of Section 125A of the Criminal Code CAP C38.
Represented by Kayode Oshiyemi and R. A. Adebanjo, Mafe argued that he was unjustly detained multiple times based on a petition written by Yomi Nuberu on behalf of another party, alleging false accusations of possessing arms and ammunition and engaging in a civil transaction regarding land ownership.
In a resounding verdict, Justice Osinuga ordered the payment of N25 million as general and compensatory damages to Mafe, along with a public apology to be published in two national newspapers within four months of the judgment. Additionally, the court directed the respondents to cease harassment and intimidation tactics against Mafe.
This landmark ruling underscores the importance of upholding the rule of law and protecting citizens’ rights, sending a clear message against arbitrary detention and abuse of power. As Mafe’s quest for justice concludes with this favorable outcome, it sets a precedent for accountability and respect for fundamental human rights within the Nigerian legal system.