The Nasarawa Lawyer Files ₦360M Lawsuit against Justice Abdullahi Hassan-Shama, a Judge of the Nasarawa State High Court, alleging unlawful detention and the forceful confiscation of his mobile phones during a court proceeding. The Lawsuit, filed by Isah Hassan-Nalaraba, a Nasarawa-based legal practitioner, claims that Justice Hassan-Shama’s actions violated his fundmental human rights. Hassan-Nalaraba alleges that he was detained and his phones were confiscated after he withdrew from a case due to a conflict of interest. He is seeking ₦360 million in damages for the alleged violation of his rights.
The suit, filed on February 7, 2025, at the Federal High Court in Lafia (Suit No. FH/LF/FHR/6/2025), lists Justice Shama, the Registrar of the Doma High Court, the Commissioner of Police, the Nigeria Police Force, and a police orderly, Dahiru Maruf, as respondents.
Background of the Case
In a sworn affidavit dated February 11, 2025, Nalaraba narrated that on February 5, 2025, he appeared before Justice Shama at the Doma High Court and filed a motion seeking that the judge be excused from a case on the grounds of perceived likelihood of bias. However, the judge declined the application and insisted on hearing both the recusal motion and the substantive matter.
Faced with this decision, Nalaraba opted to withdraw his representation from the case as it was a conflict of interest to him. Naralaba alleged that rather than permitting him to leave, Justice Shama ordered his immediate detention and directed the confiscation of his two mobile phones. Naralaba therefore contends that he views the actions of Justice Shama as unlawful, arbitrary, and in gross violation of his constitutional rights.
Illegal Detention and Violation of Rights
Nalaraba’s legal counsel, Abubakar Dogara Esq., disclosed that his client was arrested inside the courtroom while fully robed as a lawyer, referring to it as an act that undermines the core sanctity of legal practice and due process. Following the arrest, Nalaraba was taken to Doma Police Division, where he was allegedly detained overnight until he surrendered his mobile phones before being released.
Legal Analysis of the Constitutional Violations therein
The suit argues that Nalaraba’s arrest, detention, and phone confiscation constitute gross violations of his fundamental human rights, as enshrined in the 1999 Constitution of the Federal Republic of Nigeria (as amended), particularly:
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Section 34 – Right to dignity of the human person, prohibiting inhumane treatment.
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Section 35 – Right to personal liberty, requiring lawful justification for any detention.
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Section 36 – Right to a fair hearing, ensuring that judicial proceedings adhere to due process.
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Section 37 – Right to privacy, protecting against unlawful interference with personal property, including mobile devices.
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Section 41 – Right to freedom of movement, safeguarding individuals from arbitrary restrictions on their liberty.
By allegedly detaining a legal practitioner within a courtroom and confiscating his means of communication, the respondents, particularly Justice Shama and the Nigeria Police Force, may have acted in flagrant disregard of established constitutional provisions and saefguards.
Reliefs Sought
Nalaraba is also seeking the following reliefs from the court:
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₦200 million in compensatory damages for the unlawful seizure of his mobile phones, which deprived him of communication.
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₦150 million in exemplary damages for his unconstitutional detention and the humiliation suffered.
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₦10 million in general damages against the respondents for the violation of his rights.
Additionally, Nalaraba has lodged a formal petition with the Nigerian Bar Association (NBA), urging NBA President, Afam Osigwe, to intervene, as he believes the judge’s actions set a dangerous precedent for the legal profession and undermine the fundamental principles of justice.
Proceedings and Next Steps
At the last court sitting, Nalaraba’s counsel, Abubakar Dogara, informed the presiding judge that legal processes had been initiated, a fact that was also confirmed by defense counsel, Yahaya Dangana.
The case has therefore, been adjourned until April 29, 2025, for hearing.
