Jigawa Court Orders Release of Man Detained for Over 10 Years Without Trial, Awards N10m Damages
A Jigawa State High Court sitting in Birnin Kudu has ordered the immediate release of Mr Ja’o Sabo, who was unlawfully detained for more than a decade without trial, awarding him N10 million in damages and directing the relevant authorities to issue a public apology for the violation of his fundamental rights.
Sabo was arrested in 2014 on allegations of criminal conspiracy and armed robbery but remained in custody for over 10 years without his case being properly prosecuted or proceeding to trial. His prolonged incarceration, according to the court, constituted a grave abuse of his constitutional rights and a failure of the justice system.
Delivering judgment on Tuesday in a fundamental rights enforcement suit filed by Sabo, Justice Ado Yusif Birnin-Kudu held that the continued detention of the applicant without trial was unlawful, unconstitutional and inconsistent with both Nigerian law and international human rights instruments to which Nigeria is a party.
“The respondents are ordered to discharge the applicant, Mr Ja’o Sabo, also known as Ya’u, from detention forthwith,” Justice Birnin-Kudu declared in his ruling.
The court further ordered the Attorney-General of Jigawa State, the Jigawa State Government and the Commissioner of Police to jointly and severally pay the sum of N10 million to Sabo as compensation for the unlawful and prolonged deprivation of his liberty.
In a significant aspect of the judgment, the court also directed the respondents to issue a public apology to Sabo. The apology, Justice Birnin-Kudu ruled, must be broadcast on major radio stations across Jigawa State as part of efforts to publicly acknowledge the injustice suffered by the applicant and restore his dignity.
In his judgment, the court held that Sabo’s detention violated several provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended), particularly those relating to personal liberty, fair hearing and freedom of movement.
“The prolonged detention of Mr Sabo without trial is a flagrant violation of his fundamental rights as enshrined in Sections 35, 36, 41 and 46 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” the judge said.
Justice Birnin-Kudu explained that Section 35 of the Constitution guarantees the right to personal liberty and stipulates that any person arrested must be charged to court within a reasonable time or released. Section 36, he added, guarantees the right to fair hearing within a reasonable time by a court or tribunal established by law.
The court further noted that the failure of the authorities to bring Sabo to trial for over a decade amounted to a denial of justice and an abuse of state power.
Beyond domestic law, the judge also relied on international human rights standards in reaching his decision. He cited relevant provisions of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, which forms part of Nigerian law.
Justice Birnin-Kudu referenced Article 4, which guarantees the right to life and integrity of the person; Article 6, which protects the right to personal liberty; Article 7, which guarantees the right to fair trial; and Article 12, which provides for freedom of movement.
According to the court, the continued detention of Sabo without trial breached all these protections and exposed serious shortcomings in the handling of criminal justice processes by law enforcement and prosecutorial authorities.
The judge stressed that constitutional safeguards are not mere formalities but binding obligations on all arms of government, particularly those responsible for law enforcement and prosecution.
He warned that allowing individuals to languish in detention indefinitely without trial undermines public confidence in the justice system and violates the core principles of the rule of law.
Reacting to the judgment, Sabo’s counsel, Barrister Baffa Al’asan, described the ruling as a landmark decision and a powerful reaffirmation of the judiciary’s constitutional role as the guardian of citizens’ fundamental rights.
“This judgment sends a strong message that no authority is above the law and that the rights guaranteed by the Constitution must be respected at all times,” Al’asan said.
He noted that the case highlighted the urgent need for reforms within the criminal justice system to prevent suspects from being held indefinitely without trial.
Al’asan also urged law enforcement agencies and prosecuting authorities to ensure diligent investigation and timely prosecution of criminal cases, warning that failure to do so not only violates human rights but exposes the state to costly legal consequences.
Legal analysts say the judgment underscores growing judicial intolerance for prolonged pre-trial detention and reflects a broader push to enforce the provisions of the Administration of Criminal Justice laws across the country.
For Sabo, the ruling marks the end of a long and painful chapter, offering both freedom and a measure of redress after more than 10 years behind bars without trial.
