Lawyer seeks compensation for wrongful arrest victims

Lawyer seeks compensation for wrongful arrest victims

A senior legal practitioner and human rights advocate, Hamza Dantani, has urged the Nigeria Police Force, the Nigerian Army, the Economic and Financial Crimes Commission (EFCC) and other security agencies to institutionalise compensation for innocent Nigerians wrongfully arrested, unlawfully detained or injured during security operations.

Dantani made the call while commending the Department of State Services (DSS) for what he described as a landmark policy of compensating victims of operational errors, saying the initiative sets a new benchmark for accountability within Nigeria’s security sector.

In a statement titled “DSS Compensation Initiative Sets Standard for Security Agencies,” the lawyer praised the policy introduced under the leadership of the Director-General of the DSS, Oluwatosin Ajayi, describing it as a significant departure from the culture of impunity often associated with security operations.

He said the initiative demonstrates that security institutions can acknowledge operational mistakes, provide redress to innocent victims and still maintain public confidence while effectively carrying out their constitutional responsibilities.

Describing the policy as “bold, commendable and unprecedented,” Dantani argued that security agencies have not only a constitutional duty to protect the nation but also a legal and moral obligation to remedy violations of citizens’ rights arising from operational errors.

He stressed that while the fight against terrorism, banditry, kidnapping and organised crime remains a national priority, security operations must always be conducted within the framework of the Constitution and with full respect for fundamental human rights.

“The pursuit of security must never come at the expense of justice,” Dantani said, adding that national security and respect for human rights are complementary principles that reinforce one another.

According to him, accountability should be viewed as a hallmark of professionalism rather than a sign of institutional weakness, noting that the DSS has demonstrated that accepting responsibility for mistakes does not undermine its mandate to safeguard national security.

To illustrate the impact of the policy, Dantani cited several individuals who reportedly received compensation after being wrongly implicated in criminal activities.

Among them were Kaduna-based farmer and herder Nura Idris, who reportedly received ₦3 million after being falsely linked to Boko Haram, and Abuja businesswoman Chineze Ozoadibe, who allegedly received ₦10 million following her wrongful arrest over claims of involvement in oil bunkering.

He also referenced a Sokoto trader mistakenly shot during a security operation in Jos in 2016, who reportedly received ₦20 million in compensation alongside lifetime medical care. Others mentioned included Umar Ibrahim, Alhaji Bello Rabiu and Jaja Sarki Bamo, who allegedly received compensation after wrongful arrests over allegations of banditry and kidnapping, as well as 11 artisans from Osun State reportedly compensated after being cleared of terrorism-related allegations.

Dantani said wrongful arrests often leave victims with severe financial losses, emotional trauma and lasting reputational damage, stressing that while monetary compensation cannot erase such suffering, it serves as an important acknowledgment of injustice and government responsibility.

He called on the Nigeria Police Force, the Nigerian Army, the EFCC, the Nigeria Security and Civil Defence Corps (NSCDC), the National Drug Law Enforcement Agency (NDLEA) and other security institutions to establish transparent compensation mechanisms for innocent persons affected by operational mistakes.

The human rights advocate also proposed wider reforms aimed at reducing wrongful arrests, including improved intelligence gathering, stronger identity verification systems, increased use of forensic investigations, enhanced inter-agency intelligence sharing, continuous human rights training for personnel and the establishment of independent complaint review panels.

He cautioned security agencies against using arrests as investigative tools without credible evidence.

“An arrest should never be treated as punishment, and detention should never become a substitute for proper investigation,” he said.

Dantani expressed confidence that the DSS initiative would encourage similar reforms across Nigeria’s security architecture, fostering greater transparency, accountability and respect for constitutional rights.

He maintained that the strength of any justice system lies not only in its ability to punish offenders but also in its willingness to protect innocent citizens, admit mistakes and provide effective remedies when rights are violated.

Wrongful arrests and prolonged detentions have remained persistent concerns within Nigeria’s criminal justice system, with courts regularly awarding damages against security agencies for violations of citizens’ fundamental rights. Human rights organisations have consistently advocated stronger accountability measures, arguing that arbitrary arrests and unlawful detentions erode public trust in law enforcement and weaken cooperation in the fight against crime.

Legal experts note that the rights to personal liberty, dignity of the human person and fair hearing are guaranteed under Chapter IV of the 1999 Constitution (as amended) and reinforced by the Administration of Criminal Justice Act (ACJA), which requires law enforcement agencies to operate strictly within the rule of law.

Analysts believe that institutionalising transparent compensation mechanisms across Nigeria’s security agencies could strengthen professionalism, improve public confidence and reinforce respect for constitutional rights while sustaining the country’s fight against terrorism, banditry, kidnapping and other violent crimes.

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