Emeka Moses
A Gombe-based businessman, Ahmed Shuaibu-Gara Gombe, and his counsel, Ezekiel Samuel Tizhe, have instituted a fundamental rights enforcement suit against the police and other respondents, demanding N50 million in damages over alleged unlawful arrest, intimidation, extortion and seizure of personal belongings.
The applicants are also seeking the release of a mobile phone allegedly confiscated by the police, alongside the lawyer’s Call to Bar certificate and Nigerian Bar Association (NBA) identity card, which they claim have been unlawfully withheld.
In addition, they are asking the court to order the respondents to issue a public apology in two national newspapers and refund the N700,000 allegedly collected as bail money.
The suit, filed at the Federal High Court, Gombe Judicial Division, names the Assistant Inspector-General of Police, Force Criminal Investigation Department, Gombe State, Mr Emmanuel Egene; the Police Service Commission; Tanko Isiyaku Gwamna; and an investigating police officer, ASP Abubakar Balarabe, as respondents.
In an application dated October 25, 2026, the applicants are challenging the legality and constitutionality of an arrest warrant allegedly issued by Chief Magistrate Court No. 15, Gombe, over a Facebook publication said to border on cybercrime and criminal defamation.
They contend that the magistrate court lacked the requisite jurisdiction to entertain the alleged offences arising from the social media publication, arguing that the actions attributed to the police violated their fundamental rights under Sections 34, 35, 36, 37, 41 and 46 of the 1999 Constitution, as amended.
The applicants traced the dispute to an article published on Facebook by the first applicant on August 12, 2026, titled: “Gombe, Gombawa and Matters Arising (12): H.E. Sen. Danjuma Goje: Wrong Diagnosis Leads to Bad Prescription.”
However, the complainant, in a separate court document dated August 13, 2026, alleged that the publication contained defamatory statements capable of exposing him to hatred, ridicule and contempt, as well as damaging his professional reputation.
He consequently urged the court to take cognisance of alleged offences of criminal mischief and criminal defamation under Sections 327 and 391 of the Penal Code Law.
In their counter-claims against the police, the applicants alleged that N700,000 was collected from them as bail money for the first applicant, while his mobile phone was allegedly seized and retained without lawful justification.
They further alleged that the police refused to release Tizhe’s Call to Bar certificate and NBA identity card after the businessman had produced a surety for his bail.
The applicants also accused the police of sending threatening text messages to the wife of the surety, describing the alleged communication as an infringement on her privacy and fundamental rights.
Consequently, they are asking the Federal High Court to restrain the respondents from further interfering with their constitutionally guaranteed rights, order the refund of the N700,000 allegedly collected, and compel the release of the seized belongings.
They are also demanding $2,500 as compensation for losses allegedly suffered by the businessman following the confiscation of his mobile phone, in addition to the N50 million claimed as exemplary damages.
Meanwhile, in a related development, a Chief Magistrate Court sitting at Tumfure, Gombe State, has issued an interim order restraining the police from further arresting, intimidating or harassing Gara or his surety in connection with the subject matter of a separate application before it.
The order, issued on October 29, 2026, by Chief Magistrate 14, Umar Jani Bello, followed an ex-parte application and affidavit presented by the applicant.
The court specifically ordered:
“An order is hereby made restraining the 1st Respondent, whether by himself, his officers, agents, privies or any person acting under his authority, from further arresting, intimidating, harassing or subjecting the Applicant, Ahmed Shuaibu Gara, or his surety to any unlawful arrest, intimidation or harassment in respect of the subject matter of this application.”
The magistrate also directed the police and officers acting under their authority to desist from any conduct intended to intimidate or unlawfully harass the applicant or his surety.
Giving the background to the proceedings, the court noted that the matter was initially referred to the office of the first respondent by Chief Magistrate Court No. 15, Bogo, before being transferred and assigned to the Tumfure court on the directive of the State Chief Judge, Justice Halima Mohammed.
The transfer reportedly followed a petition submitted by Gara and his lawyer, Tizhe, over the circumstances surrounding the matter.
The court subsequently referred the matter to the Criminal Investigation Department of the Gombe State Police Command for investigation.
The interim order is to remain in force pending further directives of the court. The applicant was also directed to serve the respondents with the application, supporting affidavit and enrolled order.
The matter was adjourned to November 9, 2026, for further proceedings.
