Appeal Court Upholds N5 Million Judgment Against DSS for Wrongful Arrest of 12-Year-Old
The Court of Appeal in Enugu has delivered a scathing rebuke to the Department of State Services (DSS), affirming a N5 million damages award against the security agency for the unlawful arrest and detention of a minor wrongly accused of being a member of the Indigenous People of Biafra (IPOB).
In a unanimous decision on Thursday, a three-judge panel led by Justice Abdul-Azeez Waziri dismissed the DSS’s appeal, describing it as entirely without merit. The ruling upheld the July 2023 judgment of the Enugu State High Court, which had condemned the agency’s actions as a “vicious violation” of fundamental rights.
Case Background
The legal battle stemmed from the November 2021 arrest of then-12-year-old Stephen Egwuatu, who was detained for three days without formal charges. The DSS had alleged the minor was affiliated with IPOB, a claim never substantiated with evidence.
In the original suit (E/37/2022), High Court Justice A.O. Onovo ruled the arrest unconstitutional, noting the complete absence of due process. “No society that respects the rule of law can tolerate the arbitrary detention of children,” the judgment read.
Appeal Court’s Firm Stance
Justice Waziri’s appellate judgment went further, characterizing the DSS’s appeal as “an attempt to justify the unjustifiable.” The court found:
- No evidence linked Egwuatu to any criminal activity
- The detention violated Sections 34 and 35 of Nigeria’s Constitution
- The agency failed to present any lawful justification for targeting a minor
“The fundamental rights of citizens, especially vulnerable children, cannot be trampled upon under the guise of national security,” Justice Waziri declared from the bench.
Legal Community Reacts
Egwuatu’s lead counsel, Barrister Ifeanyi Ejiofor, hailed the verdict as “a watershed moment for human rights jurisprudence in Nigeria.” His legal team has vowed to pursue full enforcement of the judgment, including the N5 million compensation.
Human rights organizations have documented at least 17 similar cases of minors detained on unsubstantiated terrorism allegations across Southeast Nigeria since 2021. Legal experts suggest this ruling could set a precedent for challenging such abuses.
DSS Under Scrutiny
The judgment comes amid growing scrutiny of the secret police’s counterinsurgency tactics. A 2023 report by the National Human Rights Commission cited 43 cases of unlawful detention by the DSS in Enugu State alone.
When contacted for comment, DSS spokesperson Peter Afunanya stated the agency “respects the court’s decision” but declined to confirm whether the compensation would be paid.
