Posted by Samuel on Thu 27th Mar, 2025 - tori.ng
In a lead judgment delivered on Thursday by Justice Abdul-Azeez Waziri, the appellate court dismissed the appeal filed by the DSS, ruling that the agency’s actions amounted to a gross violation of Egwuatu’s fundamental rights.
The Court of Appeal in Enugu State has upheld a High Court ruling that condemned the Department of State Services (DSS) for the unlawful arrest and detention of Stephen Egwuatu, who was only 12 years old at the time of his arrest in 2021.
In a lead judgment delivered on Thursday by Justice Abdul-Azeez Waziri, the appellate court dismissed the appeal filed by the DSS, ruling that the agency’s actions amounted to a gross violation of Egwuatu’s fundamental rights.
The decision reaffirmed the July 4, 2023, judgment of the Enugu State High Court, which had described the DSS’s conduct as unlawful and awarded N5million in damages to the victim.
Egwuatu was arrested on November 8, 2021, and released three days later, with no formal charges brought against him.
The DSS accused him of being a member of the Indigenous People of Biafra (IPOB).
In a Suit No. E/37/2022, the Enugu State High Court declared the victim’s arrest and detention unlawful, describing it as a vicious violation of his fundamental rights, and awarded a cost of N5 million against the DSS
However, the DSS appealed the High Court ruling through the Enugu State Ministry of Justice, seeking to overturn the lower court’s decision.
But in its unanimous judgment, the Court of Appeal, led by Justice Waziri, rejected the appeal, describing it as lacking merit.
Reacting to the judgment, legal representatives of Egwuatu, led by Barrister Ifeanyi Ejiofor, hailed the judgment as a significant victory for human rights and the rule of law.
They pledged to ensure the full enforcement of the court’s ruling against the DSS.