Federal High Court Rules on Unlawful Detention by Nigerian Military
The Federal High Court in Maiduguri has determined that the detention of a businessman with suspected ties to Boko Haram by the Nigerian military was both unlawful and unconstitutional. The court has ordered Sheriff Umar to receive £2 million in damages for this violation.
Immediate Release Ordered for Detained Businessman
In a ruling delivered by Justice Jude Dagat, the court mandated the Nigerian Army, the Theater Command, and Operation Hadin Kayi to release Mr. Umar immediately and unconditionally from custody. The judgement emphasized that the prolonged detention lacked legal grounds and infringed upon Mr. Umar’s fundamental rights.
Violation of Constitutional Rights Established
Justice Dagat confirmed that Mr. Umar’s detention was unconstitutional due to several failures. He was not informed of the charges against him, was denied access to legal representation, and was not brought before a court within the constitutionally required timeframe. Such actions breached Articles 34, 35, 36, and 41 of the 1999 Constitution of the Federal Republic of Nigeria.
Legal Challenge Filed Against Nigerian Military
The case, designated as FHC/MG/CS/32/26, was brought forward by Mr. Umar through his attorney, Hamza Dantari. In this suit, the applicant sought multiple forms of relief, including a public apology from the Nigerian military to be published in two national newspapers, further solidifying the demand for accountability regarding the alleged violations of human rights.
Claims for Damages and Compensation
In addition to the £2 million in damages awarded, Mr. Umar’s legal counsel sought a total of £500 million in general damages, £5 million in legal costs, and another £5 million for mental trauma and humiliation, along with a post-judgment interest of 10 percent annually until the entire amount is settled.
Nigerian Military’s Defense Rejected
In response to the case, the Nigerian military requested the court to dismiss the allegations, arguing they had no record of Mr. Umar’s military custody or of the specific location of his arrest. The military claimed that the assertions made by the applicant were speculative and lacked reliable supporting evidence.
Evidence of Illegal Detention Acknowledged by the Court
Judge Dagat dismissed the military’s defenses, emphasizing that the evidence presented clearly confirmed that Mr. Umar had been detained by the military since December 30, 2025. The judge noted that he remained in custody until May 5, 2026, when the case was officially filed, highlighting that Mr. Umar was subjected to more than five months of detention without just cause.
Constitutional Safeguards Reinforced by Judiciary
Furthermore, the ruling underscored the importance of constitutional safeguards concerning arrest and detention. Justice Dagat noted that security agencies must present detainees in a competent court within one to two days, depending on their proximity, clearly stating, “Article 35(5) of the Constitution requires an arrested individual to be brought before a court within one day if a court is available within a 40-kilometer radius.” Ultimately, while not granting the full compensation sought, the court’s ruling affirms the protection of constitutional rights in Nigeria.
