.Demands release, N500m damages

A serving officer of the Nigerian Army, Colonel Mohammed Alhassan Ma’aji, has dragged the Federal Government before the Federal High Court of Nigeria, Abuja, over what he described as his prolonged and unlawful detention since September 2025.

In an originating motion filed under the Fundamental Rights (Enforcement Procedure) Rules 2009, the applicant is seeking his immediate release from custody and N500 million in damages for alleged violation of his fundamental rights.

The suit, filed against the Attorney General of the Federation, the Chief of Army Staff, the Nigerian Army and the Chief of Defence Intelligence, challenges the legality of his continued detention without trial.

Ma’aji, through his counsel led by Olalekan Ojo (SAN), said that his incarceration for over six months without being charged before a competent court amounts to a breach of his constitutional rights to personal liberty and human dignity.

According to court documents, the army officer was arrested on or about September 30, 2025, alongside others over allegations of conspiring to overthrow the government.

The applicant contended that since his arrest, he has remained in detention at a military facility in Abuja without access to his family, legal representatives or adequate medical care.

He further alleged that the respondents have failed to arraign him within a reasonable time as required by Sections 34 and 35 of the 1999 Constitution, as well as provisions of the African Charter on Human and Peoples’ Rights.

Among the reliefs sought, Ma’aji is asking the court to declare his continued detention unconstitutional and order his immediate release.

In the alternative, he prayed the court to compel the respondents to arraign him before a competent court within seven days.
The applicant is also seeking N500 million as compensation for the alleged unlawful detention spanning several months.

In an affidavit deposed to by a litigation officer in his counsel’s chambers, it was stated that the applicant has been held incommunicado since his arrest, with no formal charges brought against him despite claims that investigations have been concluded.

The affidavit further claimed that authorities are yet to constitute a court martial for his trial, allegedly pending approval from President Bola Ahmed Tinubu.

The applicant maintained that his continued detention without trial undermines constitutional safeguards against arbitrary arrest and prolonged incarceration.

He said that granting his application would not prevent the authorities from prosecuting him whenever they are ready, but would instead uphold the rule of law and protect his fundamental rights.

No hearing date has been fixed for the hearing.