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THE UNLAWFUL ARREST AND DETENTION OF A MINOR: A TRIUMPH FOR JUSTICE AND HUMAN RIGHTS

By Daniel Okonkwo 

The issue of unlawful arrests and detentions in Nigeria has long been a subject of concern, particularly when minors are involved. Reports suggest that authorities sometimes detain minors alongside adults, thereby exposing them to significant risks of abuse and neglect. Such actions not only contravene fundamental human rights but also violate constitutional and international legal protections for children.

It's a spectacle decision that the Court of Appeal sitting in the Enugu Judicial Division reaffirmed the legal protections accorded to minors by delivering judgment in Appeal No. CA/E/2023: State Security Service vs. Stephen Egwuatu. This case stemmed from the decision of the Enugu State High Court in Suit No. E/37/2022, which had declared the arrest and detention of Mr. Stephen Egwuatu unlawful. The High Court, on 4th July 2023, described the actions of the State Security Service (SSS) as a vicious violation of fundamental rights and awarded a punitive cost of five million naira (₦5,000,000) against the SSS.

Mr. Stephen Egwuatu was merely 12 years old at the time of his arrest on 8th November 2021. He remained in unlawful detention until 11th November 2021. The Enugu State High Court, in its ruling, strongly condemned the actions of the SSS and reaffirmed that the arrest and detention of a minor without due process was a blatant violation of constitutional safeguards.

However, the Enugu State Ministry of Justice, on behalf of the SSS, challenged this ruling by filing an appeal before the Court of Appeal.

The tremendous judgment delivered on 27th March 2025 at the Court of Appeal dismissed the appeal as unmeritorious. The lead judgment, delivered by Hon. Justice Abdul-Azeez Waziri (JCA), upheld the ruling of the High Court and reaffirmed the punitive cost awarded against the SSS. This decision reemphasizes the judiciary’s commitment to upholding justice and ensuring that minors are accorded the legal protections guaranteed under the 1999 Constitution of the Federal Republic of Nigeria (as amended).

The Nigerian Constitution provides comprehensive safeguards against unlawful detention and enshrines the fundamental rights of all citizens, including minors. The relevant constitutional provisions include:

Section 34(1) – Protects individuals from inhuman or degrading treatment, which includes the unlawful detention of minors in adult facilities.

Section 35(1) – Guarantees the right to personal liberty and stipulates that no person shall be unlawfully detained except in accordance with due process.

Section 36(5) – Presumes innocence until proven guilty, emphasizing that individuals, especially minors, should not be subjected to arbitrary detention.

The Child Rights Act, 2003, which domesticates the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), expressly prohibits the detention of children alongside adults and mandates child-friendly legal procedures.

In the relentless struggle for justice, certain legal professionals stand out for their Consistent dedication to defending the marginalized. One such individual is Barrister Ifeanyi Ejiofor, whose name has become synonymous with the fight for justice and the protection of fundamental human rights. He has consistently advocated for individuals caught in legal predicaments, ensuring that their rights are not trampled upon by state authorities.

Reacting to the judgment, Ejiofor expressed profound gratitude and reiterated the importance of holding state actors accountable for their violations of fundamental rights. In his words, posted on his official Facebook page:

> "It is pertinent to note that Stephen was only 12 years old at the time of his arrest and detention. Although he was arrested on 8th November 2021 and released on 11th November 2021, the court strongly condemned the actions of the SSS in the unlawful arrest and detention of an innocent minor, and consequently awarded a cost of ₦5 million against the SSS. We give all glory and adoration to God Almighty for this resounding victory. Justice has once again prevailed. The enforcement of this judgment will be pursued to its fullest extent."

The Court of Appeal’s decision serves as a powerful precedent reinforcing the legal protections afforded to minors and ensuring that security agencies remain accountable for their actions. The ruling:

Deters future violations by state actors, reinforcing the judiciary’s role as a guardian of justice. Ensures accountability by reaffirming the punitive damages imposed on the SSS. Encourages advocacy for child rights, strengthening the legal framework for protecting minors from arbitrary detention and abuse.

This landmark judgment represents a significant victory for human rights advocacy in Nigeria. It sends a clear message that the unlawful arrest and detention of minors will not be tolerated, and that security agencies must operate within the bounds of the law. With legal champions like Barrister Ifeanyi Ejiofor leading the charge, the fight for justice continues, ensuring that the fundamental rights of every Nigerian—especially the most vulnerable—are protected.

The enforcement of this judgment will be pursued to its fullest extent, serving as a champion of hope for the rule of law and the protection of fundamental human rights in Nigeria.
THE UNLAWFUL ARREST AND DETENTION OF A MINOR: A TRIUMPH FOR JUSTICE AND HUMAN RIGHTS

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