The Court of Appeal in Enugu has ruled that the detention of a 12-year- old, Stephen Egwuatu by the Department of State Services (DSS) was unlawful and a violation of his fundamental rights.
The Court of Appeal ruled that the appeal filed by the DSS challenging the decision by the Enugu State High Court in suit number E/37/2022, was wrongful and violated human rights.
It would be recalled that on July 4, 2023, the Enugu State High Court declared Egwuatu’s arrest and detention unlawful, describing the act as a gross violation of his fundamental rights.
His counsel, Ifeanyi Ejiofor, emphasised that it was important to note that Stephen was only 12 years old, at the time of his arrest and detention.
Ejiofor stated that although Stephen was arrested on November 8, 2021, and released on November 11, 2021, the court strongly condemned the actions of the DSS for unlawfully arresting and detaining an innocent minor.
The court also awarded a cost of N5 million against the DSS.
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However, the DSS, through the Enugu State Ministry of Justice, appealed the judgment.
On March 27, 2025, the appeallate court, delivered the unanimous ruling, dismissing the DSS appeal as unmeritorious.
Justice Abdul-Azeez Waziri, who read the lead judgment, upheld the high court’s decision and reaffirmed the punitive cost awarded against the DSS.
“We give all glory and adoration to God Almighty for this resounding victory. Justice has once again prevailed. The enforcement of this judgment will be pursued to its fullest extent,” Ejiofor stated
