Appeal Court Upholds N5m Damages Against Police Over Lawyer’s Unlawful Arrest

The Lagos division of the Court of Appeal, has affirmed the judgment of the Federal High Court awarding N5 million in damages against the Inspector-General of Police and other police officers for violating the fundamental rights of a lawyer, Kola Sodiya, following his arrest over a property dispute.

In a unanimous judgment delivered on July 10, 2026, the three-member panel led by Justice Yargata Byenchit Nimpar dismissed the appeal filed by the Inspector-General of Police, the Assistant Inspector-General of Police, Zone 2, Onikan, the Officer-in-Charge of Legal, Zone 2, and two police officers.

The appellate court upheld the March 28, 2022 judgment of Justice Ambrose Lewis-Allagoa of the Federal High Court, Lagos, which found that Sodiya’s constitutional rights had been breached when he was arrested and detained over a civil property dispute involving land at No. 1 Banjoko Street, Harmony Estate, Ifako-Gbagada, Lagos.

The police had argued in the appeal that Sodiya’s arrest was based on allegations of forgery and falsification of documents relating to the disputed property and maintained that they acted within their constitutional and statutory powers to investigate criminal complaints.

They further contended that the lawyer was promptly arraigned before a competent court.

However, the Court of Appeal rejected those arguments, holding that the police failed to establish any reasonable suspicion of criminal conduct before arresting the respondent. 

The Appeal court observed that Sodiya was arrested at about 5:30 a.m. despite the existence of a pending civil suit over the property and earlier legal advice indicating that the dispute was essentially civil.

Justice Nimpar in the lead judgment held that while the police possess powers to arrest without a warrant in appropriate circumstances, such powers cannot be used to interfere in matters that are purely civil in nature. 

The judge also emphasized that law enforcement agencies must not deploy the criminal justice system as a means of settling private disputes.

The judge also relied on evidence showing that a subsequent police investigation concluded that allegations against the lawyer were unsubstantiated and that the matter should be resolved through the civil courts.

Affirming the lower court’s findings, Justice Nimpar ruled that the arrest and detention violated Sodiya’s constitutional rights to personal liberty and dignity. 

The judge further held that the police officers who participated in the unlawful arrest acted outside the protection of their official duties and could be held personally liable for abusing their powers.

Both Justice Muslim S. Hassan and Justice Paul Hamed Bassi agreed with Justice Nimpar’s judgment.

In concurring with the lead judgment, Justice Hassan, stressed that the police have no statutory authority to use criminal investigations to interfere in civil disputes already pending before a court. 

The judge also held that constitutional guarantees of fundamental rights must be protected except where restrictions are expressly permitted by law.

Consequently, Justice Hassan dismissed the appeal in its entirety, and affirmed the N5 million damages awarded by Justice Lewis-Allagoa Federal High Court, Lagos, and ordered the appellants to pay an additional N1 million as costs to the respondent (Barrister Sodiya).