Federal High Court in Abuja has declared the arrest and prolonged detention of popular TikToker, Timothy Gabriel, also known as “Tumma,” by the Nigeria Police Force unlawful, unconstitutional and a gross violation of his fundamental human rights. In a judgment delivered on June 23, 2026, Justice Emeka Nwite Egwuatu of the Federal High Court awarded N3,000,000 in general and exemplary damages against the police over Gabriel’s arrest and detention by officers, men and agents of the respondents on February 6, 2025.
Gabriel had approached the court through his lawyer, Dr. S. M. Oyeghe, seeking redress under the Fundamental Rights (Enforcement Procedure) Rules, after he was arrested and held by the police for what the court described as an excessive and unlawful period. The court, while resolving the sole issue for determination in favour of the applicant, held that the detention of Gabriel for 48 days amounted to inhumane and degrading treatment, and was a clear breach of his constitutional rights.
Justice Egwuatu ruled that the continued detention of the TikToker from Thursday, February 6, 2025, by officers and agents of the respondents exposed him to “all manner of inhuman and degrading treatment,” thereby violating his fundamental right to dignity of the human person as guaranteed under Section 34(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 5 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.
The judge further held that Gabriel’s arrest and detention from February 6, 2025 until the filing of the suit was illegal, unlawful and unconstitutional, and constituted a gross violation of his fundamental right to personal liberty guaranteed under Section 35(1) of the 1999 Constitution and Article 6 of the African Charter on Human and Peoples’ Rights.
In the certified orders made by the court, Justice Egwuatu declared:“The detention of the Applicant by the men, officers and agents of the Respondents since Thursday 6th February 2025, and exposing him to all manner of inhuman and degrading treatment constitutes a gross violation of the Applicant’s fundamental right to dignity of human person, guaranteed and protected by Section 34(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 5 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.”
The court also declared: “The detention of the Applicant by the men, officers and agents of the Respondents since Thursday 6th February 2025, and exposing him to all manner of inhuman and degrading treatment constitutes a gross violation of the Applicant’s fundamental right to dignity of human person, guaranteed and protected by Section 34 (1) (a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 5 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.
“The arrest and detention of the Applicant by men, officers and agents of the Respondents since on Thursday 6th February 2025, till the time of filing this action is illegal, unlawful and constitutes a gross violation of the Applicant’s fundamental right to liberty guaranteed and protected by Section 35 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.”
Having found merit in the application, the court awarded N3,000,000 against the respondents as general and/or exemplary damages for the infringement of Gabriel’s fundamental rights.The judge also issued a perpetual injunction restraining the Nigeria Police Force, its officers, agents or privies from further arresting or detaining Gabriel illegally.
