Reported By Mary Udezue | Edited by: Gabriel Osa
A dismissed police inspector, Hycenth Oboh, has instituted a fundamental rights enforcement suit against the Inspector-General of Police, the Nigeria Police Force, the Police Service Commission and the Commissioner of Police in Rivers State, alleging prolonged and unlawful detention without trial and seeking ₦500 million in damages.
Court documents indicate that Oboh has been held at the State Criminal Investigation Department in Port Harcourt since August 2024, a period spanning about 18 months, without a valid court order, formal charge or arraignment before a competent court of law. The suit, filed on January 12, 2026, before the Port Harcourt Judicial Division of the Rivers State High Court, challenges the legality of his continued detention and accuses the respondents of gross violations of his constitutionally guaranteed rights.
In the suit marked PHC/97/FHR/2026 and filed through Springhill Solicitors, Oboh argues that his detention breaches his rights to personal liberty, human dignity and fair hearing as enshrined in Sections 34, 35 and 36 of the 1999 Constitution of the Federal Republic of Nigeria, as amended. He also invokes Sections 40 and 41, which guarantee freedom of association and movement, asserting that the cumulative effect of his continued incarceration has amounted to a severe erosion of his fundamental freedoms.
The case stems from a fatal shooting incident that occurred on June 18, 2024, at the Eberi-Omuma Local Government Council Secretariat in Rivers State. Two people were reportedly killed during the incident, including Inspector David Mgbada, a serving police officer, and Samuel Nwigwe, a civilian security operative attached to a local vigilante group. Oboh was arrested in connection with the incident and subsequently subjected to internal police disciplinary proceedings.
According to his affidavit, Oboh maintains that he was tried through an orderly room process, discharged and acquitted by the police authorities. He contends that following his exoneration, there was no legal basis for his continued detention, yet he has remained in custody for months without being formally charged before a court of law. He argues that the police cannot lawfully detain a citizen indefinitely under the pretext of ongoing investigation, especially after internal disciplinary mechanisms have run their course.
Oboh’s legal team insists that Nigerian law is clear on the time limits for detention and the obligation of law enforcement agencies to bring suspects before a court within a reasonable period. In his written address, Oboh cites several judicial precedents in which higher courts, including the Supreme Court, have consistently held that prolonged detention without trial is unconstitutional and incompatible with democratic governance and the rule of law.
Beyond the issue of unlawful detention, Oboh alleges that his treatment while in custody amounts to inhuman and degrading treatment prohibited under the Constitution. He claims that he has been denied adequate access to his family, legal counsel and medical care throughout his detention, circumstances he says have caused him severe mental, emotional and psychological distress. He further alleges that his continued incarceration has damaged his reputation, livelihood and personal dignity.
The dismissed inspector also raises concerns about what he describes as political interference in his case. He alleges that external pressure from unnamed political interests has influenced the decision to keep him in custody despite the absence of formal charges or a valid court order. He argues that political considerations cannot override constitutional safeguards or justify the continued deprivation of a citizen’s liberty.
In the reliefs sought, Oboh is asking the court to declare that his detention since August 2024 is unlawful, unconstitutional and a gross violation of his fundamental rights. He is also seeking an order for his immediate release from custody, as well as a perpetual injunction restraining the respondents from re-arresting, detaining or harassing him over the same set of facts or allegations. In addition, he is demanding ₦500 million as compensation for what he describes as unlawful detention, mental torture and persistent violation of his rights.
The suit further warns that unless the court intervenes, the respondents may continue to detain, threaten and harass him without lawful justification. Oboh contends that judicial intervention is necessary not only to secure his freedom but also to affirm the supremacy of the Constitution and deter future abuses of power by state agents.
Legal observers note that the case raises significant questions about due process, police accountability and the limits of internal disciplinary proceedings in criminal matters involving law enforcement officers. While internal police trials are meant to address breaches of discipline, experts say they do not replace the need for proper criminal investigation and prosecution where offences are alleged. At the same time, they stress that suspects cannot be held indefinitely without charge, regardless of the gravity of the allegations against them.
Cases of prolonged detention without trial have remained a persistent concern in Nigeria’s criminal justice system, attracting repeated condemnation from courts and human rights advocates. Judicial pronouncements over the years have emphasized that the police and other security agencies must operate strictly within the confines of the law and respect the fundamental rights of all citizens.
The Rivers State High Court is expected to fix a hearing date for the matter in the coming weeks. The outcome of the case is likely to be closely watched, given its implications for the enforcement of fundamental rights, the conduct of law enforcement agencies and the broader debate on accountability within Nigeria’s security architecture.
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