The Court of Appeal, Lagos Division, has affirmed the judgement of the Federal High Court awarding N5 million in damages against the Inspector-General of Police (IGP) and other Police officers for violating the fundamental rights of Lagos Lawyer, Kola Sodiya, following his arrest and detention over a civil property dispute.
In a unanimous judgement delivered on July 10, 2026, a 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 other Police Officers. The appellate court upheld the March 28, 2022 decision of Justice Ambrose Lewis-Allagoa of the Federal High Court, Lagos, which held that Sodiya’s constitutional rights had been violated.
The dispute arose from Sodiya’s arrest over allegations of forgery and falsification of documents relating to a property located at No. 1 Banjoko Street, Harmony Estate, Ifako-Gbagada, Lagos. The Police argued that the arrest was based on criminal allegations, and maintained that they acted within their constitutional and statutory powers to investigate complaints before subsequently arraigning the Lawyer before a competent court.
However, the Court of Appeal rejected the Police’s arguments, holding that they failed to establish any reasonable suspicion of criminal conduct before arresting the Respondent. The court noted that Sodiya was arrested at about 5.30am, despite the existence of a pending civil suit over the disputed property and previous legal advice indicating that the matter was essentially civil in nature.
In the lead judgement, Justice Nimpar held that, although the Police possess statutory powers to arrest without a warrant in appropriate circumstances, such powers must not be deployed to interfere in disputes that are purely civil. The court further relied on evidence showing that a subsequent Police investigation found the allegations against the Lawyer to be unsubstantiated, and recommended that the dispute be resolved through the civil courts. Justice Nimpar consequently ruled that Sodiya’s arrest and detention violated his constitutional rights to personal liberty and dignity, adding that the officers involved acted outside the protection of their official duties and could therefore, be held personally liable for abusing their powers.
Justices Muslim S. Hassan and Paul Hamed Bassi, concurred with the lead judgement. In his concurring opinion, Justice Hassan stressed that 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.
Consequently, the Court of Appeal dismissed the appeal in its entirety, affirmed the ₦5 million damages awarded by the Federal High Court in favour of Sodiya, and further ordered the Appellants to pay an additional ₦1 million as costs. The judgement reinforces the long-standing judicial position that law enforcement agencies must not use the criminal justice system to settle private civil disputes, or harass litigants involved in pending court proceedings.
The post “Appeal Court Upholds ₦5m Damages Against IGP, Police Officers” — Says Arrest Of Lagos Lawyer Over Civil Property Dispute Violated Rights appeared first on TheNigeriaLawyer.
