Court Declares Arrest of Bashir Hadejia Unconstitutional, Orders Release

A Federal High Court in Abuja has ruled that the arrest and detention of politician and businessman Bashir Hadejia by the police was illegal and unconstitutional. The court also ordered his immediate release and imposed a fine of ₦10 million on the Inspector-General of Police (IGP) for violating Hadejia's fundamental human rights.

In her judgment on Tuesday, Justice Emeka Nwite condemned the police's unauthorized search of Hadejia's residence and his subsequent detention without cause. The judge described the actions as a "flagrant violation of the law," stating, “The invasion of the applicant’s home, his arrest without a warrant, and subsequent detention are unlawful and a gross violation of his fundamental human rights.”

The court further issued a permanent injunction restraining the IGP, his agents, and subordinates from arresting or detaining Hadejia unlawfully in the future.

Hadejia, a former special adviser to ex-Zamfara State Governor Bello Matawalle, was reportedly arrested in August 2024 by the Force Intelligence Department's Intelligence Response Team (FID-IRT) on allegations of subversion and treason. However, Hadejia denied the charges, describing them as politically motivated.

Through his counsel, Mahmud Magaji, Hadejia filed a lawsuit (FHC/ABJ/CS/1235/2024) against the IGP, Matawalle, the Department of State Services (DSS), and other respondents. He sought ₦500 million in damages and a declaration that his arrest was unlawful.

In an affidavit, Abubakar Hadejia, the applicant's younger brother, claimed the arrest stemmed from a political dispute with Matawalle after the latter's unsuccessful 2023 reelection bid. He also alleged that the police conducted the raid without a search warrant and failed to inventory items seized from Hadejia's home.

While the court found no direct evidence linking Matawalle and other respondents to the arrest, Justice Nwite noted that the IGP did not refute the evidence presented against him. “It is worthy of note that the 1st respondent did not file any process despite being served with the hearing notices and all court documents. Unchallenged evidence in court is deemed true,” the judge stated.