*Condemns Police Action as Abuse of Power in Civil Transaction
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A Lagos High Court sitting at the Commercial Courthouse, Tapa, has issued a landmark judgment condemning the Nigeria Police Force for their unlawful arrest, detention, and intimidation of a Lagos-based businessman, Chukwuemeka Akachukwu Ewereaku, over a N560,000 hair transaction dispute. The court awarded N5 million in damages against the complainant, Tessy Chiamaka Nnadi, who had used the police to pursue what the court ruled was a purely civil matter.
Mr. Ewereaku initiated the fundamental rights enforcement suit marked LD/1863MFHR/2024, seeking declaratory and injunctive reliefs against the Nigeria Police Force, the Inspector-General of Police, the Lagos State Commissioner of Police, an officer identified as Inspector Tolu of Lion Building Division, and the said Ms. Nnadi.
The matter stemmed from a December 2024 transaction in which Ms. Nnadi purchased luxury human hair from Mr. Ewereaku for N560,000 after seeing the product advertised via WhatsApp. A dispute arose after she received the item, prompting her to storm the applicant’s shop and subsequently involve the police when her demand for a refund was not immediately met.
According to the applicant’s affidavit, he was arrested on December 11, 2024, by armed policemen who stormed his business premises without prior invitation. At the Lion Building Police Station, he was allegedly slapped, verbally assaulted, and coerced into refunding the full amount before being granted bail. Supporting evidence included medical reports and transaction receipts. He also alleged ongoing harassment and emotional distress, including post-traumatic stress disorder (PTSD).
Justice Anjorin-Ajose ruled that the entire transaction was civil in nature and did not warrant police involvement. The judge cited constitutional provisions and judicial precedents to underscore the illegality of using state security apparatus for debt recovery or contract enforcement.
The court held that the invitation, arrest, and detention of the applicant at the instance of the 5th respondent were “illegal, unlawful, and unconstitutional.” It further declared that the use of threat and intimidation to coerce the applicant into making a refund constituted a breach of his fundamental rights.
The judge ruled that:
- The police cannot act as debt recovery agents in a commercial dispute.
- The coercion and intimidation of the applicant violated his rights to liberty, dignity, and freedom of movement under Sections 34, 35, and 41 of the Constitution.
- The damages suffered warranted compensation.
While the court declined to grant a perpetual injunction restraining the police from future actions (on grounds that police can still investigate crimes under constitutional authority), it did grant the following:
- A declaration that the actions of the police, instigated by Ms. Nnadi, were illegal and unconstitutional.
- N5,000,000 in general damages awarded against the 5th Respondent for the unlawful use of police to pursue a civil debt.
- Dismissal of perpetual injunction as it would unconstitutionally hinder lawful police investigation in future cases.
The applicant was represented by C.P. Onyemachi, Esq., while Chris Ayiyi, Esq., appeared for the 5th Respondent. There was no legal representation for the police respondents.
The court reinforced that the police cannot lawfully interfere in civil matters and that individuals who initiate such abuse of power can be held personally liable. The judgment sends a strong warning against the misuse of state security forces in resolving commercial disagreements.
Court Rules Police Arrest Over Civil Debt IllegalThe decision also aligns with the Supreme Court’s recent directive in CBN v. Ochife, shifting liability for police misconduct from individual officers to institutional actors like the Nigeria Police Force and the Police Service Commission, due to the Treasury Single Account policy.
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