Mr Isah Hassan–Nalaraba, a legal practitioner has dragged the Nasarawa State High Court judge, Abdullahi Hassan -Shama, to court over his illegal detention and forceful confiscation of his mobile phones.
In a suit with number FH/LF/FHR/6/2025 filed at the Federal High Court in Lafia, the legal practitioner accused Mr. Shams of violating his rights when he appeared before a High court in Doma on February 5, 2025.
The suit which has Shams, the registrar of the Doma High Court, Commissioner of Police, Nigeria Police Force and Dahiru Maruf, a police orderly, as respondents, is demanding N360million in damage against the judge for violating his fundamental human rights.
In a sworn affidavit attached to the suit, dated February 11, Mr Nalaraba also filed a motion requesting the judge to recuse himself from the case due to a perceived likelihood of bias.
But the judge declined, insisting on hearing both the application for recusal and the substantive suit.
According to him, the decision forced him to announce his withdrawal from the case.
Mr Nalaraba described the judge’s actions as unconstitutional and a violation of his fundamental rights under Sections 34, 35, 36, 37, and 41 of the 1999 Constitution.
He, therefore, asked the court to make a declaration that his arrest, detention, and phone confiscation were unconstitutional and violated his rights.
The lawyer also sought an order of the court compelling the respondents to pay N200 million in compensation for seizing his phones and depriving him of communication.
The orders are: “AN ORDER of this Honourable Court directing and/or compelling the Respondents, jointly or severally, to pay as compensation to the Applicant the sum of N200,000,000.00 [Two Hundred Million Naira Only] for compulsorily seizing and confiscating the Applicant’s two [2] GSM handsets [phones], thereby depriving him of every transaction and access to family and friends without any legal justification.
“AN ORDER compelling the Respondents to pay the sum of N150,000,000.00 [One Hundred and Fifty Million Naira Only] as Exemplary Damages for unconstitutionally an illegally arresting, detaining, and compulsory seizing the Applicant’s GSM Handset [phones thereby confiscating same as well as the said infringement under Sections 34 [1], 35 [3], 2 [6], 36 [1], 37, 41 [1], and 44 [1] of the Constitution of the Federal Republic of Nigeria, 1999 [as amended] and Articles 2, 3, 4, 5, 7, and 8 of the African Charter on Human and Peoples Rights coupled with all the inconveniences caused to the Applicant by the Respondents.
“General Damages of N 10,000,000.00 [ten million naira only] against the Respondent in favour of the Applicant,” the orders read.
Earlier, in a petition submitted to the NBA President, Afam Asigwe, the lawyer accused the judge of seizing his mobile phones and ordering his detention without any provocation.
The case has been adjourned to April 29.
