The Federal High Court sitting in Abuja has ruled that the arrest and nine-day detention of Hon. Alhaji Attom Magira by the Nigeria Police was unlawful and a gross violation of his fundamental rights.
Justice Obiora Atuegwu Egwuatu, delivering judgment in suit no. FHC/ABJ/CS/43/2025 filed by Magira, the 2023 Borno Central Senatorial candidate of the New Nigeria Peoples Party (NNPP), against the Nigeria Police Force, the Inspector General of Police, Borno State Commissioner of Police, and the Officer-in-Charge of the Special Anti-Robbery Squad (Crack Division) in Maiduguri, held that the police acted without legal justification and in breach of constitutional safeguards.
Arrest Over Billboard Message
Magira, a prominent political figure in Borno State and opposition leader, was arrested on December 21, 2024, after a billboard bearing the message “SAY YES TO MERGER” alongside his name and image with the title “HE ATTOM MAGIRA” was mounted by his supporters. Police operatives reportedly removed the billboard, and Magira was detained at the Crack Police Division in Maiduguri without being charged in court.
He was held for nine days, from December 30, 2024, without access to legal representation or formal charges.
In a sweeping judgment, the court declared that Magira’s arrest, torture, and detention were unconstitutional, violating his rights to human dignity, personal liberty, and freedom of movement as guaranteed under Sections 34(1)(a), 35(1), and 41(1) of the 1999 Constitution (as amended).
Justice Egwuatu issued the following orders: “Court has declared that the arrest, torture and detention of the Hon. Alhaji Attom Magira from the 21st of December, 2024 to the 30th of December, 2024 without any legal justification whatsoever and without being charged and or brought before any Court of competent jurisdiction within 24 hours to 48 hours constitutes a violation of the Magira’s fundamental rights to dignity of human person, personal liberty and freedom of movement guaranteed under Sections 34(1)(a), 35(1) and 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“AN ORDER OF PERPETUAL INJUNCTION restraining the Police, its authorized agents by whatever name so called, and any other security outfit in Nigeria from further disturbing or interfering with the rights of Hon Alhaji Attom Magira’s dignity of human person, liberty and freedom of movement through further arrest, torture, detention in any other way or manner whatsoever in respect of this matter without recourse to a competent Court of law.
“A WRITTEN PUBLIC APOLOGY by the Police to Hon Alhaji Attom Magira to be published in two (2) national daily newspapers for the unwarranted infringement of his fundamental rights.
“AN ORDER FOR THE PAYMENT OF THE SUM OF N2,000,000.00 (Two Million Naira) as General, Exemplary and Compensatory Damages for the infringement of Hon Attom Magira’s fundamental rights to dignity of human person, personal liberty and freedom of movement and for the unlawful disparaging of the Applicant’s name, record and image in defiance of Hon Attom Magira’s fundamental right to dignity of human person.
“An ORDER to award the sum of N500,000,00 (Five Hundred Thousand Naira only) against the Police as cost of the action we filed.”
Background
The incident drew public criticism at the time, with civil society groups and Magira’s supporters describing his detention as politically motivated.
The billboard, which called for support of a proposed political merger, was seen as a harmless expression of political opinion — a right the court has now affirmed should be protected.
According to the charges previously filed by the state (Complainant) against Magira (Defendant) in the High Court of Justice, Borno State, the former senatorial candidate was accused of referring to himself as HE (His Excellency) Attom Muh’d Magira on a billboard.
The opposition member was also accused of saying ‘Yes to merger’, “knowing that same was likely to cause a breach of public peace”.
The first count read: “That you, Attom Magira Tom ‘m’ 43′ yrs old, on or about the 22/12/2024, at about 2000 hrs at Bulumkutu along Maiduguri-Kano Road, Maiduguri, which is within the jurisdiction of this honorable Court, did commit an illegal act, to wit; falsely personated His Excellency, the Executive Governor of Borno State, in that you mounted your picture on a Bill-Board and addressed yourself as HE ATTOM MUH’D MAGIRA and you thereby committed an offence punishable under Section 97 of the Penal Code Law of Borno State, 2023.”
Count Two read: “That you, Attom Magira Tom ‘m’ ’43’ yrs old, on or about the 22/12/2024, at about 2000 hrs at Bulumkutu along Maiduguri-Kano Road, Maiduguri, which is within the jurisdiction of this honorable Court, did commit an illegal act, to wit; inciting public disturbance, in that you mounted your picture on a Bill-Board with the inscription ‘SAY YES to MERGER, knowing that same was likely to cause a breach of public peace and you thereby committed an offence punishable under Section 79 of the Penal Code Law of Borno State, 2023.
The charges were filed by Hauwa Abubakar Isa, Attorney General of Borno State and others in the Attorney-General’s Chambers, Ministry of Justice, Borno State.
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