A serving officer of the Nigerian Army, Colonel Mohammed Alhassan Ma'aji, has initiated legal action against the Federal Government at the Federal High Court of Nigeria in Abuja. The suit challenges his prolonged and unlawful detention, which he claims has been ongoing since September 2025.
Details of the Legal Action
The originating motion, filed under the Fundamental Rights (Enforcement Procedure) Rules 2009, seeks the immediate release of the applicant from custody. Additionally, Colonel Ma'aji is demanding N500 million in damages for what he describes as a violation of his fundamental rights. The defendants in the case include the Attorney General of the Federation, the Chief of Army Staff, the Nigerian Army, and the Chief of Defence Intelligence.
Allegations of Unlawful Detention
According to court documents, Ma'aji was arrested on or about September 30, 2025, along with others, on allegations of conspiring to overthrow the government. Since his arrest, he has been held at a military facility in Abuja without access to his family, legal representatives, or adequate medical care. His legal team, led by Olalekan Ojo (SAN), argues that this incarceration—lasting over six months without formal charges—constitutes a breach of his constitutional rights to personal liberty and human dignity.
The applicant contends that the respondents have failed to arraign him within a reasonable time, as required by Sections 34 and 35 of the 1999 Constitution (as amended) and the African Charter on Human and Peoples' Rights. Among the reliefs sought, Ma'aji asks the court to declare his continued detention unconstitutional and order his immediate release. Alternatively, he requests that the court compel the respondents to arraign him before a competent court within seven days.
Compensation and Affidavit
In addition to his release, Ma'aji is seeking N500 million in compensation for the alleged unlawful detention spanning several months. An affidavit deposed by a litigation officer in his counsel's chambers states that the applicant has been held incommunicado since his arrest, with no formal charges brought against him despite claims that investigations have been concluded. No hearing date has been set for the case.
