Businessman Sues Nigerian Army Over Alleged Unlawful Detention, Demands ₦120m Damages

A Nigerian businessman, Jonathan Nwanze, has challenged the Nigerian Army’s authority to investigate civilians over alleged financial crimes, demanding ₦120 million in damages for alleged violations of his fundamental human rights.

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Nwanze instituted the suit against the Nigerian Army, the Chief of Army Staff, the Attorney-General of the Federation and the Commanding Officer of the 81 Battalion, Bonny Cantonment, before the Federal High Court in Lagos.

The suit, marked FHC/LAG/FR/485/2026, centres on allegations of unlawful arrest and detention, invasion of privacy and the continued retention of his personal belongings by the military.

At the resumed hearing on Tuesday, November 10, 2026, his lawyer, Olawale Fapohunda (SAN), informed the court that the Army had released his client without filing any criminal charge against him.

However, Fapohunda alleged that the military had refused to return Nwanze’s international passport and other personal belongings.

He further told the court that when his client’s lawyers approached the military to secure the release of the items, they were allegedly given conditions, including withdrawing the pending lawsuit.

Counsel to the first and second respondents, O.E. Alaofin, promised to facilitate the return of the passport and informed the court that the respondents had filed applications seeking to regularise their counter-affidavit dated October 27, 2026.

Court Adjourns Case Until December 2

Justice D.I. Dipeolu observed that the Attorney-General of the Federation, listed as the third respondent, was neither present nor represented during the proceedings.

The judge held that the Attorney-General should be given an opportunity to be heard before the matter proceeds.

Consequently, the court adjourned the case until December 2, 2026, for hearing.

Lawyer Challenges Army’s Authority to Investigate Civilians

In his reply on points of law filed on November 5, Fapohunda questioned the statutory authority of the Nigerian Army to investigate civilians over alleged financial offences.

He argued that the Armed Forces Act primarily empowers the military to investigate offences committed by persons subject to service law, maintaining that his client does not fall within the categories specified under Section 270 of the Act.

The senior lawyer maintained that the Economic and Financial Crimes Commission (EFCC) has the statutory responsibility to investigate financial crimes, including fraud and money laundering, under Section 6 of its Establishment Act.

He argued that civilians arrested by the military over such offences should be handed over to appropriate law enforcement agencies for investigation and possible prosecution.

On allegations bordering on terrorism financing, Fapohunda acknowledged that Section 64 of the Terrorism (Prevention and Prohibition) Act 2022 empowers the military to arrest, search and detain suspects.

He also noted that Section 99 of the Act identifies the Army among relevant agencies.

However, he argued that Section 64 does not expressly confer investigative powers on the military, insisting that his client should have been transferred to the EFCC or the Department of State Services (DSS) for investigation.

Businessman Questions Detention Order

Nwanze’s lawyer also challenged the respondents’ reliance on an ex parte remand order allegedly obtained from the Federal High Court in Port Harcourt on October 16, 2026.

Fapohunda argued that the order could not retrospectively justify his client’s detention, which allegedly commenced on October 10, six days before the order was issued.

According to the businessman, soldiers invaded his residence at Block E, Flat 1, Alpha Bay Estate, Agungi, Lekki, Lagos, on October 6, before arresting him four days later.

In his supporting affidavit, Nwanze further alleged that his family members, friends, lawyers and personal doctor were denied access to him throughout his detention.

Nwanze Seeks ₦120m Compensation

The businessman is asking the court to award him ₦120 million in damages over the alleged violations of his fundamental rights.

The claims include:

• ₦50 million for alleged unlawful arrest and detention.
• ₦40 million for the alleged violation of his right to dignity.
• ₦30 million for the alleged invasion of his residence.

He is also seeking declarations that his arrest and detention without reasonable cause violated his right to personal liberty under Section 35(1), (4) and (5) of the 1999 Constitution.

Furthermore, he wants the court to declare that the alleged invasion of his residence violated his right to privacy and family life under Section 37.

Nwanze also accused the respondents of violating his constitutional right to own property under Section 44 through the seizure and continued retention of his 2019 Hyundai Creta Evolution GLS and private documents.

Fapohunda maintained that the existence of criminal allegations against his client does not remove his constitutional protections, arguing that every arrest and detention must comply with the law.

He also opposed the respondents’ argument that the fundamental rights suit was premature because investigations and remand proceedings were reportedly ongoing.

On the objection to the inclusion of the Commanding Officer of the 81 Battalion as a respondent on the grounds that the office is not a juristic person capable of being sued, the lawyer argued that the case could still proceed against the other respondents even if the objection succeeds.

The court is expected to resume hearing on December 2, 2026.