Appeal Court Upholds N5 Million Damages Against Police for Rights Violation

The Court of Appeal in Lagos has affirmed a N5 million damages judgment against the Inspector-General of Police (IGP) and other police officers for violating the fundamental rights of Lagos lawyer Kola Sodiya. The violation occurred during Sodiya's arrest and detention related to a civil property dispute.

In a unanimous decision on July 10, 2026, a three-member panel dismissed the appeal filed by the IGP and other police officials. They upheld the March 28, 2022 ruling by Justice Ambrose Lewis-Allagoa of the Federal High Court, Lagos, which found that Sodiya's constitutional rights had been violated. The case stemmed from Sodiya's arrest over allegations of forgery and document falsification concerning a property dispute.

The police argued their actions were based on criminal allegations and that they acted within their powers to investigate complaints before arraigning the lawyer. However, the Court of Appeal rejected these arguments, finding that the police failed to establish reasonable suspicion of criminal conduct before arresting Sodiya. The court noted the arrest occurred early in the morning, despite an ongoing civil suit and prior legal advice that the matter was civil.

Justice Yargata Byenchit Nimpar, leading the panel, stated that while police have statutory powers to arrest without a warrant, these powers should not be used to interfere in civil disputes. The court also considered evidence that a subsequent police investigation found the allegations against Sodiya unsubstantiated. Consequently, the appellate court ruled that Sodiya's arrest and detention violated his constitutional rights to personal liberty and dignity, holding the involved officers personally liable for abusing their powers. Justices Muslim S. Hassan and Paul Hamed Bassi concurred with the judgment.

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the Police have no statutory authority, to employ criminal investigations as a tool for intervening in civil disputes already pending before a court. He added that constitutional guarantees of fundamental rights must be jealously protected, except where restrictions are expressly permitted by law.