Appeal Court Rules SSS Detention of 12-Year-Old Boy Illegal, Orders N5m Fine

Law Court

The Court of Appeal sitting in Enugu has ruled that the arrest and detention of Stephen Egwuatu by the State Security Services (SSS) were illegal. The court also upheld an earlier judgment by the Enugu State High Court, which had ordered the SSS to pay N5 million as compensation for violating the boy’s fundamental rights.

The case, which has been ongoing for years, began when Egwuatu was arrested on November 8, 2021, at the age of 12. He was held for three days before being released on November 11, 2021. His arrest and detention were challenged in court, leading to the High Court’s ruling on July 4, 2023, which declared the SSS’s actions unlawful.

Following the High Court’s decision, the SSS, through the Enugu State Ministry of Justice, appealed the ruling, seeking to overturn the judgment. However, the Court of Appeal, in a unanimous decision delivered on March 27, 2025, dismissed the appeal and reaffirmed the N5 million fine against the SSS.

The counsel for the Indigenous People of Biafra (IPOB), Ifeanyi Ejiofor, who has been involved in the legal battle, provided details about the ruling. He stated: “The Court of Appeal sitting in Enugu judicial Division has just delivered a landmark judgment in Appeal by the State Security Service, versus Stephen Egwuatu, filed by the SSS to challenge the decision of the Enugu State High Court.”

He further noted that the appellate court strongly condemned the actions of the SSS in detaining a minor. “It is pertinent to note that Stephen was only 12 years at the time of his arrest and detention… The court strongly condemned the actions of the SSS in the unlawful arrest and detention of an innocent minor, and consequently awarded a cost of N5 million against the SSS,” Ejiofor said.

Justice Abdul-Azeez Waziri, who delivered the lead judgment, upheld the High Court’s ruling and dismissed the SSS’s appeal as lacking merit. The court reaffirmed that Egwuatu’s detention was a clear violation of his rights and maintained that the N5 million fine was justified.

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