A Federal High Court in Abuja has directed the immediate release of Bashir Hadejia, a former aide to the Minister of State for Defence, Bello Matawalle. Hadejia, who previously served as Matawalle’s Special Adviser during his tenure as Zamfara State Governor, was detained on charges of treason, subversive activities, gun-running, and transnational crimes following a joint operation by the Nigeria Police Force and the Department of State Services (DSS).
Hadejia was accused of using dangerous goods as a front to support terrorism and other criminal acts in northern Nigeria. However, in a judgment delivered on Tuesday, Justice Emeka Nwite ruled that his four-month detention without trial was illegal and a violation of his constitutional rights. The court also ordered the Nigerian police to pay N10 million in damages for the unlawful detention.
Justice Nwite issued a perpetual injunction barring the Inspector-General of Police and his agents from further unlawful arrest and detention of Hadejia. He also declared the police invasion of Hadejia’s residence on August 12, 2024, as unconstitutional, null, and void. The judge emphasized that the raid violated Hadejia’s rights under Sections 34, 35, 36(5), 37, and 41 of the 1999 Constitution, as amended.
Legal Proceedings and Allegations
Hadejia’s arrest stemmed from allegations of treason and subversion. Represented by senior lawyer Mahmud Magaji, SAN, in a suit filed on August 22, 2024, Hadejia named the Inspector-General of Police, Bello Matawalle, DSS, Chief of Naval Staff, Defence Intelligence Agency, and Chief of Defence Staff as respondents. Magaji sought several reliefs, including Hadejia’s unconditional release and N500 million in damages for his unlawful detention.
In an affidavit, Abubakar Hadejia, the detainee’s younger brother, claimed the arrest was politically motivated. He alleged that Hadejia, who also serves as Technical Adviser to Zamfara’s current governor, Dauda Lawal, became a target due to his political fallout with Matawalle after the latter lost his re-election bid in 2023.
Abubakar stated that security agents raided Hadejia’s home without a search warrant and failed to document any evidence. He also claimed that when the family visited the Intelligence Response Team on August 16, they were told Hadejia was not under investigation. Despite applying for administrative bail, their request was denied.
Political Rivalry Alleged
The affidavit highlighted the strained relationship between Hadejia and Matawalle. According to Abubakar, Matawalle’s defeat in 2023 and Hadejia’s subsequent appointment by Governor Lawal deepened the rift. He alleged that Hadejia’s detention was a political witch-hunt orchestrated by Matawalle and supported by security agencies to tarnish his reputation.
Court’s Findings
Justice Nwite dismissed all allegations against Matawalle and other respondents, citing a lack of credible evidence. He noted that while Hadejia accused security agencies of acting on Matawalle’s orders, no concrete proof was presented. The court ruled that decisions must be based on facts, not speculation, and found no link between Hadejia’s detention and the alleged political disagreement.
However, the court observed that the Inspector-General of Police failed to respond to the claims against him. Justice Nwite stated that unchallenged evidence is deemed true and criticized the police for detaining Hadejia without due process.
Conclusion
The court’s ruling underscores the importance of upholding fundamental rights and the rule of law. Justice Nwite emphasized that while security agencies have the authority to investigate and prosecute, their actions must align with constitutional provisions.
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