The Supreme Court of Nigeria has delivered a judgment reinforcing a critical safeguard in Nigeria’s criminal justice system, holding that a person cannot be arrested for an offence allegedly committed by another individual.
![](https://thenigerialawyer.com/wp-content/uploads/2026/01/SADR.jpeg")
The judgment in SC/CV/747/2024: Mr. Smart Onomiruren v. Pastor Samuel Idiokita, delivered on January 30, 2026, reaffirmed Section 7 of the Administration of Criminal Justice Act (ACJA) 2015, which expressly prohibits proxy arrests.
The apex court emphasised that arrest must be based strictly on personal liability and that law enforcement agencies cannot detain relatives or associates to compel compliance from a suspect. The justices further stated that constitutional protections remain enforceable at every stage of investigation and that investigative convenience cannot override civil liberties.
The dispute arose from an alleged failed business transaction between the appellant, Mr. Smart Onomiruren, and the son of the first respondent, Pastor Samuel Idiokita. Pastor Samuel maintained he had no involvement in the transaction.
Despite this, he alleged that he was arrested, detained, and pressured to produce his son. He subsequently filed a fundamental rights enforcement action at the Federal High Court, Warri, through his counsel, Eric K. Omare, Esq., claiming unlawful detention, harassment, threats, and violations of his constitutional rights.
The suit named as respondents the Inspector General of Police, the Nigeria Police Force, AIG Isaac Akinmoyede of Zone 5, Benin City, Inspector Akinrenwaja Isaac, Inspector Yusuf Agbaje of Zone 5, Benin City, and the Commissioner of Police, Delta State Police Command.
Pastor Samuel sought declarations that his arrest and detention were unconstitutional, that threats of further arrest were unlawful, and that the harassment and demands to produce his son under threat of arrest were illegal. He also sought damages and restraining orders to prevent continued infringement.
The Federal High Court initially dismissed the suit for lacking merit. However, the Court of Appeal reversed the decision and granted the reliefs sought, with certain adjustments. The appellant proceeded to the Supreme Court, which decisively reaffirmed the prohibition of proxy arrests.
Notably, the matter commenced in September 2021 and reached final determination at the Supreme Court in January 2026, concluding in under five years. Observers have described this timeline as a positive indicator for the resolution of fundamental rights cases within a reasonable period, strengthening public confidence in judicial processes.
The ruling carries significant implications for both citizens and law enforcement agencies. Families and associates cannot be detained to pressure suspects, proxy arrest tactics are unlawful under Nigerian law, and victims of such violations have enforceable constitutional remedies.
The Supreme Court’s decision firmly restates a foundational rule that no person may be arrested for another person’s alleged offence. Beyond resolving the dispute, the judgment strengthens civil liberty protections, underscores accountability in policing, and demonstrates that fundamental rights litigation, when properly pursued, can achieve final resolution within a meaningful timeframe.
For citizens, practitioners, and institutions alike, the message is clear: constitutional rights are personal, enforceable, and protected at the highest judicial level.
The first respondent, Pastor Samuel, was represented throughout the proceedings from the Federal High Court to the Supreme Court by E.K. Omare & Co. At the delivery of judgment, appearances for the appellant included John Okoriko, Esq. with G.A. Okoreke, Esq., while appearances for the first respondent included Eric K. Omare, Esq., Zeph Omvuzulike, Esq., and M.I. Okoye, Esq. Onoriode William Ewonode, Esq. appeared for the 2nd and 6th Respondents.
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