Court orders release of Detained Business man , Slams N20M Damages for unlawful 6- month Detention over FX Dispute
Court Orders Release of DetainedBusinessman, Slams ₦20m Damages against the Police for Unlawful 6-Month Detention Over FX Dispute
By Babatunde Aremu
A Lagos state High Court sitting at Osborne has ordered the immediate release of businessman Mr. Bassey Ikpi Ubi and awarded him ₦20 million in damages, ruling that his six-month detention over a failed foreign exchange transaction was illegal, unconstitutional, and an abuse of police power.
Justice O. O. Adewunmi-Oshin delivered the judgment on Monday in Suit No. LD/18019MFHR/2024, condemning the detention as a misuse of criminal process to settle a civil debt. The court held that the Nigeria Police Force has no role in debt recovery.
Mr. Ubi, Managing Director of MC COY IKPI BUSINESS INTERNATIONAL LIMITED, was arrested on 16 February 2024 by officers of the AIG Zone 2 Police Command. The arrest was allegedly made in collaboration with the EFCC, DSS and Special Fraud Unit, and instigated by private individuals seeking to recover funds from failed FX transactions involving his company.
His family and counsel filed a fundamental rights suit, citing violations of Sections 33, 34, 35, 36, 37 and 41 of the 1999 Constitution and Articles 4, 5, 6 and 7 of the African Charter on Human and Peoples’ Rights. Ubi alleged he was tortured in custody, denied bail, and had his Samsung Galaxy Z Flip 4 and Tecno phones seized from his home by a DSS detective while he was detained.
Justice Adewunmi-Oshin ruled that the case was purely a commercial dispute and that the police had no business intervening.
“The Police is not a debt recovery agency and has no business to dabble into contractual disputes between parties arising from purely civil transactions,” she said, citing Supreme Court and appellate decisions including _McLaren v. Jennings_ and _Diamond Bank Plc v. Opara_.
The judge held that detaining Ubi for over six months without trial for a bailable offence violated his right to personal liberty under Section 35(1) of the Constitution.
The court issued 12 orders, including:
1. Immediate and unconditional release of Mr. Ubi.
₦20m in general, aggravated and exemplary damages against the Police payable within 30 days.
3. Respondents restrained from acting as debt recovery agents or further arresting and harassing Ubi or his company officers.
4.DSS directed to return Ubi’s seized phones unconditionally.
5. Respondents to publish a full-page public apology in a national newspaper within 14 days or face contempt proceedings.
Justice Adewunmi-Oshin said the case reflects a recurring pattern of police detaining citizens under the guise of criminality when disputes are purely contractual.
“This Court states unequivocally that the police are not debt collectors and the detention cell is not a venue for settling private disputes,” she said.
She called on the Nigeria Police Force leadership to take disciplinary action to stop the practice.
The judge added that while reporting a criminal matter to police does not usually attract liability, instigating police action in a purely civil matter makes the instigators accountable.
Mr. Ubi was represented by his counsel :Prince Kennedy Osunwa with J. Akor. The 6th Respondent was represented by M. O. Bajela.
