Reported by: Ijeoma G | Edited by: Gabriel Osa
A Federal High Court in Abuja, Nigeria, has issued a clear directive to the Defence Intelligence Agency (DIA) to produce a prominent Islamic cleric, Sheikh Sani Abdulkadir, in court later this month amid mounting legal and constitutional concerns over his detention. The order, which has drawn public attention, reinforces Nigeria’s commitment to the rule of law, due process and the protection of civil liberties even in cases involving alleged threats to national security.
The ruling came on Friday, when Justice Peter Lifu presided over a fundamental rights enforcement suit filed by the cleric’s legal team. Sheikh Abdulkadir, a well‑known Islamic scholar based in Zaria, Kaduna State, has been held in custody since December 11, 2025 under circumstances that his lawyers argue violate the constitutional guarantees of personal liberty, fair hearing and dignity of the human person.
The suit names several respondents, including the Economic and Financial Crimes Commission (EFCC), the DIA, the Attorney‑General of the Federation and Jaiz Bank Plc. Petitioners are challenging both the legality of the cleric’s detention and the absence of formal judicial authority for holding him in what authorities describe as “safe custody.”
During proceedings, the court was told that Abdulkadir was initially arrested by the EFCC and subsequently handed over to the DIA as part of a security investigation. The government’s counsel asserted that the cleric was being detained under a detention order purportedly obtained under the Administration of Criminal Justice Act, but crucially failed to produce the actual documentation or specify the court that issued it.
Justice Lifu was unequivocal in his response. He emphasised that Nigeria’s democratic framework demands that all security agencies, including military intelligence units like the DIA, remain subordinate to civilian judicial authority. The judge noted with concern that without credible documentary evidence to justify continued detention, the fundamental rights of any citizen—including those accused of serious offences—cannot be abridged.
In contrast to the government’s representation, the cleric’s lawyers argued that their client has been denied meaningful contact with his family since his arrest and has not been formally charged with any offence in a court of competent jurisdiction. They contended that the prolonged custody without formal charges or access to judicial review constituted a breach of Nigeria’s Constitution as well as international human rights obligations to which the country is a signatory.
The court’s directive requires the DIA to produce Sheikh Abdulkadir in court on February 18, 2026 so that the legitimacy of his detention can be properly examined and contested. Justice Lifu also ordered the respondents to show cause why the reliefs sought in the suit should not be granted, including a declaration that the detention is unlawful and the cleric’s immediate release.
Legal analysts following the case say the ruling highlights a critical tension between national security concerns and civil liberties in a country facing intricate internal threats. In recent months, the Nigerian federal government has publicly confirmed that a thwarted coup plot targeting the administration of President Bola Tinubu was uncovered through coordinated intelligence work involving the military, the Department of State Services (DSS) and other security agencies. Although the government has linked multiple suspects, including military officers, to the alleged plot, it has generally withheld detailed public information, citing operational sensitivities.
For civil liberties advocates, the court’s insistence on formal judicial oversight resonates with constitutional principles that protect every Nigerian from arbitrary detention. They argue that even in matters touching national security, detention without court orders or transparent legal processes undermines trust in state institutions and weakens democratic norms. The judiciary’s stance reinforces the notion that public safety and human rights are not mutually exclusive but must be balanced within the framework of law.
Members of Sheikh Abdulkadir’s family have previously expressed deep concern about his whereabouts and wellbeing. According to them, he travelled to Abuja weeks before his disappearance to address issues concerning the freezing of his bank account and was never seen again until it became public that he was in custody. This lack of communication and official clarity has intensified pressure on the government to account for its actions and respect constitutional safeguards.
The case has drawn commentary from human rights groups and observers who argue that prolonged, unregulated detention can set dangerous precedents. They point to the importance of transparent legal procedures and safeguards against arbitrary state action, particularly in nations struggling with overlapping political, security and social challenges.
As the next hearing date approaches, the Nigerian public—including legal practitioners, civil society actors and citizens at large—will be closely watching how the federal government responds to the court’s order. The manner in which the DIA either produces the cleric or justifies his continued detention is expected to shape broader discussions about accountability, civil rights and the limits of executive authority within Nigeria’s democratic system.
The leadership of the EFCC, the Attorney‑General’s office and the DIA have not issued detailed public statements on the matter at the time of reporting, and there has been no official disclosure of evidence linking the cleric to the alleged coup plot beyond broad allusions to security concerns.
The unfolding proceedings may have implications beyond the immediate parties to the case, particularly in how the judiciary asserts its constitutional oversight in matters that involve national security, suspected plots and the detention of civilians by military or intelligence units.
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