Federal High Court in Calabar rules that the torture and killing of 22-year-old Onyekachi Mba violated his constitutional rights

A Federal High Court in Calabar has awarded N100 million in damages against the Nigeria Police Force and other respondents over the torture and killing of 22-year-old Onyekachi Mba, ruling that the actions of the officers involved amounted to a grave violation of his constitutional rights.

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Justice Ijeoma Ojukwu delivered the judgment on Thursday in a fundamental rights enforcement suit instituted by Mba’s mother, Mrs Victoria Mba, through her counsel, Chief Roland Ndubuka, nearly a year after the incident that claimed the young man’s life.

The respondents in the suit were the Nigeria Police Force, Assistant Superintendent of Police Victor Edet, the Police Service Commission, the Commissioner of Police in Cross River State and Superintendent of Police Emmanuel Dickson, the Chief Security Officer at the Cross River State Government House in Calabar.

The court heard that Mba was allegedly beaten and shot by police security personnel attached to the Government House on August 1, 2025.

The 22-year-old later died at the Nigerian Navy Reference Hospital, Calabar, from injuries sustained during the assault.

The suit, filed on October 10, 2025, sought the enforcement of Mba’s fundamental rights under Sections 35, 36, 37 and 41 of the 1999 Constitution, as amended.

The application argued that the alleged torture, inhuman treatment and eventual killing violated his rights to personal liberty, dignity of the human person and freedom of movement.

In a strongly worded judgment, Justice Ojukwu held that the torture, assault and killing of Mba by a police officer attached to the official residence of Cross River State Governor Bassey Otu was unlawful, unjustified and represented a flagrant breach of the deceased’s constitutional protections.

The judge described the conduct of the officers as “an abuse of power and executive recklessness”, underscoring the seriousness of the violations committed.

Justice Ojukwu consequently awarded N100 million in damages against the respondents, ruling that the compensation could be paid jointly or severally.

The judgment marks a significant development in the Police N100m damages case and reinforces the constitutional obligation of law enforcement agencies to protect, rather than violate, the rights of citizens.

Cases involving allegations of torture, unlawful killings and excessive use of force have continued to generate public concern in Nigeria, particularly since the nationwide #EndSARS protests of 2020, which intensified calls for police accountability and reforms.

Human rights advocates have consistently argued that judicial oversight and timely compensation for victims’ families remain essential to strengthening public confidence in the justice system.

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The ruling is expected to add to ongoing conversations about accountability within Nigeria’s security agencies and the responsibility of state institutions to uphold the rule of law.