A serving officer of the Nigerian Army, Colonel Mohammed Alhassan Ma'aji, has instituted a legal action against the Federal Government at the Federal High Court in Abuja, challenging his continued detention without trial since September 2025.
Details of the Suit
In an originating motion filed under the Fundamental Rights (Enforcement Procedure) Rules 2009, the applicant seeks immediate release from custody and N500 million in damages for alleged violations of his fundamental rights. The suit names the Attorney General of the Federation, the Chief of Army Staff, the Nigerian Army, and the Chief of Defence Intelligence as respondents.
Allegations of Unlawful Detention
Ma'aji, represented by his counsel led by Olalekan Ojo (SAN), argues that his incarceration for over six months without being charged before a competent court breaches his constitutional rights to personal liberty and human dignity. According to court documents, he was arrested on or about September 30, 2025, alongside others on allegations of conspiring to overthrow the government.
Since his arrest, Ma'aji has been held at a military facility in Abuja without access to his family, legal representatives, or adequate medical care. He contends that the respondents have failed to arraign him within a reasonable time, as required by Sections 34 and 35 of the 1999 Constitution and the African Charter on Human and Peoples' Rights.
Reliefs Sought
The applicant requests the court to declare his continued detention unconstitutional and order his immediate release. In the alternative, he prays the court to compel the respondents to arraign him before a competent court within seven days. Additionally, he seeks N500 million in compensation for the alleged unlawful detention.
An affidavit deposed by a litigation officer in his counsel's chambers states that Ma'aji has been held incommunicado since his arrest, with no formal charges brought against him despite claims that investigations are concluded. The affidavit further alleges that authorities have yet to constitute a court martial for his trial, purportedly pending approval from President Bola Ahmed Tinubu.
Ma'aji maintains that his continued detention without trial undermines constitutional safeguards against arbitrary arrest and prolonged incarceration. He argues that granting his application would not prevent authorities from prosecuting him when ready but would uphold the rule of law and protect his fundamental rights. No hearing date has been fixed for the case.
