Incorporated Trustees of Digital Rights Lawyers Initiative (DRLI) vs Commissioner of Police, Delta State
Case Law- Country
- Country Location
Latitude: 7.311172396347703
Longitude: 6.54274292730156
- Country Location (Lié Case Law)
- Nigeria
- Decision Date
- 24 oct. 2020
- Case Outcome (Procedural)
- Admissible
- Case Outcome (Disposition)
- Injunction or Order Granted
- Monetary Damages/Fines
- Keywords
- Access to Information
- Access to Internet
- Judicial Body
- Administrative Court
- Court Name
- Federal High Court of Nigeria, Asaba Judicial Division
- Case Number
- FHC/ASB/CS/140/2020
- Case Summary
Digital Rights Lawyer Initiative filed the suit on behalf of Prince Nicholas Makolomi, a journalist who was arrested by the Special Anti-Robbery Squad Operatives (SARS) of the Nigeria Police Force for allegedly making a video recording SARS operatives leaving an injured citizen on the ground and fleeing with his car. The video triggered the nationwide SARS protest of 2020. Prince Makolomi was arrested and detained indefinitely by SARS operatives for exercising his freedom of expression and posting the video online. DRLI filed the suit as an action to his right to personal liberty. The court held that the arrest and detention of Prince Makolomi was an interference to his fundamental right to personal liberty and awarded N200,000 as general damages against the Respondent.
- Case Significance
This is a progressive decision towards protecting fundamental rights of Nigerian citizens, in particular, the freedom of expression online when posting video footage online.
- Related Law
- Source Name and URL
- Digital Rights in Nigeria
- Notes
The decision is in line with the Fundamental Rights (Enforcement Procedure) Rules, 2009 that allows advocates and human rights activists to institute human rights cases on behalf of any potential applicant. The decision is a precedent on the enforcement of digital rights in Nigeria.
- Collection
- CIPIT
- Date Updated
- 8 sept. 2024