In a landmark decision, a Federal High Court in Abuja has imposed a fine of N5 million on the State Security Service (SSS) for the unlawful detention of a 12-year-old boy. This ruling underscores the judiciary's commitment to upholding the rights of minors and ensuring that security agencies operate within the bounds of the law.
Background of the Case
The young boy, whose identity remains protected due to his age, was apprehended by the SSS in early January 2025. The circumstances surrounding his arrest were shrouded in secrecy, with the agency citing national security concerns. However, no formal charges were brought against the minor, and he remained in custody without trial for over two months.
Legal Proceedings and Judgment
The boy's legal representatives filed a fundamental rights enforcement suit, challenging the legality of his prolonged detention without trial. They argued that the SSS violated the child's constitutional rights, particularly the right to personal liberty and fair hearing.
Presiding over the case, Justice Amina Bello emphasized that the Nigerian Constitution prohibits the detention of any individual beyond 48 hours without a court order. She noted that the SSS neither obtained such an order nor provided justifiable reasons for the extended detention of the minor.
In her ruling, Justice Bello declared the detention unlawful and ordered the immediate release of the boy. Furthermore, she mandated the SSS to pay N5 million in damages for the violation of the child's fundamental rights.
Reactions from Legal and Human Rights Communities
The court's decision has elicited widespread reactions from various quarters:
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Nigerian Bar Association (NBA): The NBA commended the judgment, stating that it reinforces the principle that no individual, regardless of age, should be subjected to arbitrary detention. They urged security agencies to adhere strictly to constitutional provisions in their operations.
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Human Rights Writers Association of Nigeria (HURIWA): HURIWA praised the judiciary for standing firm against human rights violations. They called for continuous monitoring of security agencies to prevent future occurrences of such unlawful detentions.
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Civil Society Legislative Advocacy Centre (CISLAC): CISLAC highlighted the importance of safeguarding children's rights and called on the government to ensure that security agencies receive proper training on handling cases involving minors.
Legal Framework on Detention of Minors in Nigeria
The detention of minors in Nigeria is governed by both domestic laws and international conventions to which the country is a signatory.
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Nigerian Constitution: Section 35 of the 1999 Constitution guarantees the right to personal liberty, stating that no person shall be deprived of such liberty except in accordance with a procedure permitted by law.
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Child Rights Act 2003: This Act provides comprehensive provisions for the rights and welfare of children in Nigeria. It emphasizes that detention of a child should be a measure of last resort and for the shortest appropriate period.
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International Conventions: Nigeria is a party to the United Nations Convention on the Rights of the Child (CRC), which mandates that the arrest, detention, or imprisonment of a child should be in conformity with the law and used only as a last resort.
Implications of the Judgment
This ruling sets a significant precedent in the Nigerian legal landscape:
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Accountability of Security Agencies: The judgment serves as a reminder that security agencies are not above the law and must operate within the confines of legal provisions.
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Protection of Children's Rights: It reinforces the commitment of the judiciary to protect the rights of minors, ensuring that they are treated with the dignity and respect they deserve.
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Deterrence Against Arbitrary Detentions: The financial penalty imposed is likely to deter security agencies from engaging in unlawful detentions in the future.
Similar Cases and Precedents
This is not the first time Nigerian courts have sanctioned security agencies for unlawful detentions:
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Case of Sanusi Shuaib: In February 2024, the Federal High Court in Abuja ordered the Department of State Services (DSS) to pay N5 million to Sanusi Shuaib, an Abuja-based driver, for detaining him beyond the 20 days permitted by the court without trial.
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#EndBadGovernance Protests: In November 2024, President Bola Tinubu ordered the release of all minors detained for their alleged involvement in the #EndBadGovernance protests. This directive came after widespread criticism of the treatment of minors, some of whom fainted during court proceedings due to alleged maltreatment.
Conclusion
The Federal High Court's decision to fine the SSS N5 million for the unlawful detention of a 12-year-old boy is a pivotal moment in the enforcement of human rights in Nigeria. It underscores the judiciary's role as a guardian of constitutional freedoms and sends a clear message to security agencies about the importance of adhering to the rule of law. As Nigeria continues to grapple with security challenges, it remains imperative that the rights of all citizens, especially vulnerable groups like children, are protected and upheld.
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