Lagos High Court Orders Release of Man Detained for 8 Years Without Trial and Awards Damages

In a groundbreaking ruling delivered on October 22, 2025, the Lagos High Court has ordered the unconditional release of Mr. Sewedo Folorunsho, who had been unlawfully detained for over eight years without trial, marking a significant victory for human rights in Nigeria. The judgment, presided over by Honourable Justice Adenike K. Shonubi at the Ikeja division of the court, is hailed as a landmark case reinforcing the constitutional rights of Nigerians against prolonged unlawful detention.

Mr. Folorunsho, who was detained in 2012, was accused of murder but was held in congested detention facilities without formal arraignment or trial for years. His legal representatives, the firm of Ubani Monday Onyekachi, SAN & Co., filed a petition challenging his detention as a violation of his fundamental rights under the Nigerian Constitution, particularly the rights to personal liberty, dignity of human person, and fair hearing. The application named the Lagos State Commissioner of Police, the Attorney General of Lagos State, and the Deputy Controller of the Nigerian Correctional Service in Lagos as respondents.

Despite being arraigned before the Ebute Metta Magistrate Court in 2017 on a holding charge, no substantive information was filed to move his case forward, resulting in his indefinite detention for over six years after arraignment. The court’s scrutiny uncovered that the prolonged detention was a blatant violation of constitutional safeguards against arbitrary detention.

In her detailed judgment, Justice Shonubi condemned the prolonged detention as a clear breach of Mr. Folorunsho’s constitutional rights and emphasized that such unlawful detention erodes the rule of law. The court ordered his immediate and unconditional release and also awarded damages of five hundred thousand naira (N500,000) against the Lagos State Commissioner of Police, reinforcing the judiciary’s stance on protecting citizens’ rights.

Reacting to the ruling, senior lawyer and SAN, M. O. Ubani, praised the court’s courage, describing the decision as “a victory for human rights, justice, and the sanctity of liberty in Nigeria.” He stated that the judgment underscores the judiciary’s vital role in upholding constitutional guarantees and curbing state excesses.

This case aligns with other landmark rulings in Nigeria that have condemned unlawful detention and awarded damages to victims. For example, in 2012, the ECOWAS Court ordered the Nigerian government to compensate a detainee, recognizing that prolonged detention without trial breaches fundamental rights ​. Moreover, the recent case of the IPOB detainees, who regained their freedom after years of unlawful detention, echoes the importance of judicial intervention in safeguarding individual liberties ​.

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Human rights advocates have lauded the Lagos High Court’s decision as an important reminder that no institution is above the law. It reaffirms that the state’s security agencies must adhere strictly to constitutional provisions on detention and trial procedures. Legal experts emphasize that such rulings serve as deterrents against future violations and motivate law enforcement to respect human rights.

The Lagos High Court’s ruling in the Sewedo Folorunsho case embodies a renewed commitment to justice and accountability within Nigeria’s legal framework. It underscores the essential role of courts in protecting citizens from arbitrary state actions and highlights the ongoing need for reform and adherence to constitutional rights in Nigeria’s criminal justice system.