The Adamawa State Police Command has rejected allegations that it disobeyed a Federal High Court order directing the release of 42 Mubi residents, insisting that the detainees remain in custody pursuant to a fresh warrant issued by a competent court.
The command said on Sunday that it complied with the July 23 judgment of the Federal High Court and did not act in defiance of the judiciary, but subsequently executed a warrant issued by Chief Magistrate Court 1, Mubi, following fresh criminal proceedings instituted against the detainees.
The clarification followed a report alleging that the Commissioner of Police, Adamawa State Command, and the Controller of the Nigerian Correctional Service in the state had disregarded the Federal High Court’s order and transferred the detainees from the correctional facility in Yola to Numan Prison instead of releasing them.
The report had also stated that contempt proceedings had been initiated against the two officials over their alleged failure to comply with the court’s directive.
But the police command strongly disputed the allegation, arguing that the circumstances surrounding the continued detention of the 42 persons had changed following the intervention of the Attorney-General of Adamawa State and the issuance of a new warrant.
According to the command, the original Federal High Court proceedings centred principally on the jurisdiction of the court that had issued the initial remand warrant and the legality of the detainees’ detention.
The command said the initial remand order was issued by Chief Magistrate Court 2, Yola, even though the affected persons had been arrested in Mubi, a different magisterial district.
“For clarity: The initial proceeding concerning the affected person based on the ruling of the court, primarily was on the issue of jurisdiction and non-compliance with due process of law especially on the Court that issued warrant of arrest and their remand to correctional centre, i.e. CMC2 Yola,” the statement said.
The police explained that after the Federal High Court delivered its judgment, the Attorney-General of Adamawa State exercised his constitutional powers to commence fresh criminal proceedings against the affected persons before Chief Magistrate Court 1, Mubi.
The Mubi court subsequently issued a fresh Warrant of Arrest of Persons Accused dated July 28, 2026, directing the police and other relevant authorities to execute the warrant and produce the accused persons before the court.
The police said the warrant was issued in the name of the Attorney-General of the state as complainant and constituted the legal basis upon which the authorities continued to hold the detainees.
“It is therefore important to clarify that the Police did not act unilaterally or in defiance of the Federal High Court, but in furtherance of her mandate to maintain law and order and the execution of warrant issued by another court of competent jurisdiction against the applicants/defendants which has nothing to do with the ruling of the Federal High Court,” the command said.
The dispute, however, raises a significant legal question over the effect of a fresh criminal proceeding and warrant on a previous judicial order that had declared the arrest and continued detention of the affected persons illegal.
The 42 residents were arrested in Mubi on May 6, 2026, and subsequently taken more than 200 kilometres to Yola, according to court documents cited in the earlier report.
They challenged their detention before the Federal High Court, arguing that Chief Magistrate Court 2, Yola, lacked territorial jurisdiction to issue a remand order in respect of persons arrested within the Mubi Magisterial District.
The detainees also alleged that they had neither been properly informed of the offences for which they were arrested nor charged or arraigned, despite spending almost three months in detention.
They consequently instituted a fundamental rights enforcement action, marked FHC/YL/CS/16/2026, against the Adamawa State Commissioner of Police, the state Controller of the Nigerian Correctional Service and the Attorney-General of Adamawa State.
In its July 23 judgment, the Federal High Court ruled in favour of the applicants and, according to the court documents, declared their arrest and continued detention illegal, unconstitutional, null and void.
The court also invalidated the remand warrant issued by Chief Magistrate Court 2, Yola, and ordered the release of the 42 applicants upon each entering into a two-year bond to be of good behaviour.
Furthermore, the court restrained the respondents and their agents from arresting or detaining the applicants again on the same facts without following due process.
The subsequent warrant issued by Chief Magistrate Court 1, Mubi, on July 28 has now become the central point of contention, with the police relying on it to explain why the detainees were not released following the Federal High Court judgment.
The development has therefore created a complex legal situation in which two judicial processes appear to have become central to the continued detention of the same group of people.
The police command maintained that there was no conflict between its actions and the Federal High Court judgment, insisting that the fresh proceedings were distinct from the earlier case.
It further dismissed any suggestion that the Commissioner of Police deliberately ignored the Federal High Court’s directive.
The command said it holds the judiciary in the highest regard and would continue to comply with lawful orders issued by courts of competent jurisdiction.
“The Adamawa State Police Command has the utmost respect for the judiciary and will continue to comply with all lawful orders and directives issued by courts of competent jurisdiction,” it said.
The command also reaffirmed its commitment to the rule of law, due process and the protection of fundamental human rights, while urging journalists and members of the public to exercise caution when reporting matters pending before the courts.
It advised that judicial disputes should be assessed on the basis of complete facts and relevant court processes rather than isolated accounts of events.
The 42 applicants are Salim Isah, Abubakar Ahmadu, Ahmadu Samaila, Bashir Musa, Moses Ayuba, Abubakar Ibrahim, Ijasini Ahmadu, Lukman Jibrin, Zayyanu Shuaibu, Ishaka Adamu, Isah Mohammed, Eze Ebube, Umar Abubakar, Iliyasu Mohammed, Aimadgi Chiebelum, Liazarus Isah, Aliyu Mohammed, Ali Mohammed, Aliyu Ismail, Isah Umar, Ibrahim Kabiru, Kamaladdeen Umar, Sadiq Talake, Ibrahim Saidu, Aliyu Saidu, Usman Ahmadu, Ismail Jauro, Abdu Ismail, Bello Adamu, Ahmed Abdullahi, Jabir Bala, Usman Mohammed, Yusuf Pius, Sale Abubakar, Umar Isiaka Abdullahi, Mujahid Yerima Yakubu, Tasiu Musa, Nuhu Musa, Saad Abubakar, Ibrahim Yusuf, Hassan Abubakar and Husseini Ahmed.
The Adamawa Police Command said it would continue to discharge its constitutional responsibilities professionally and lawfully as the judicial proceedings surrounding the detainees continue.