Principles Governing Exercise of the Duty of Law Enforcement Agencies in Detecting and Investigating Crime

CASE TITLE: HAMZA & ANOR V. NDLEA & ANOR (2026) LPELR-82989(CA)

JUDGMENT DATE: 29TH JANUARY, 2026

PRACTICE AREA: CONSTITUTIONAL LAW (ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS)

LEAD JUDGMENT: OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Enforcement of Fundamental Rights.

FACTS:

Appellants filed an Originating Motion before the Federal High Court, Yola, praying that Court to make four (4) declaratory orders, five (5) other orders, and cost of the action, seeking enforcement of their fundamental rights.

The Applicants in their claim before the trial Court, owned a Toyota Hiace Bus with Registration No. AAA 199 Y E, Chasis No: IRH 2000-11-2091998 registered in the name Ibrahim Hamza. The said vehicle was used for transportation business, more especially between Yola Adamawa State and Lagos State. Sometime, in the month of February, 2024, according to the Respondent one Bello was seen with a bag containing some substances suspected to be drugs which was prohibited and an offence under the NDLEA Act 2004. The said Bello was arrested. Mr. Bello claimed that one Hamza (1st Applicant), now the 1st Appellant in this Appeal, owns the goods.

The Respondents enquired about the business of Hamza and were informed that Hamza is into the business of transportation and in fact Hamza, has a vehicle, hence the Respondents pursued the vehicle. On 5/2/2024, the Officials of the Respondents on the directives of the 2nd Respondent, seized the vehicle of the Appellants in Yola. The driver of the vehicle, the caretaker of the vehicle and 2nd Appellant were all invited at the NDLEA office Yola command who made statements in respect of Hamza and the vehicle in this case.

The Respondents posited that on 5th February 2024, a team of NDLEA Officers acting on credible intelligence carried out a raid operation on the premises of Neil Gobe Transport Company at 7th Avenue FESTAC Town, Lagos. The intelligence received indicated that a travelling bag suspected to contain hard drugs was in the transport Company and the officers stationed at different strategic places around the Motor park observing activities around the garage. While the surveillance was on, one Usman Bello came to collect the bag and was immediately arrested and a search was conducted on the bag in presence of the park manager by name Iliya Andrew Ndukawa.

During the search, several packs of tablets suspected to be Tramadol weighing 13.4 kilograms was recovered inside the said bag. Upon interrogations at NDLEA Office, Lagos, the said Usman Bello volunteered his statement under caution and mentioned Ibrahim Hamza, the 1st Appellant herein as the owner of the recovered drug exhibits and that he was sent by the 1st Appellant to collect the bag for him as an okada rider and was to be paid N6,000 (Six thousand Naira) only for the services. Effort was then put in place to arrest the 1st appellants herein who was at large to face the wrath of the law. Investigations revealed that the said Toyota Hiace Bus AAA 199 YE belonged to the 1st Appellant, Ibrahim Hamza is a proceeds of crime.

Upon hearing learned counsel on behalf of the parties, the trial Court reached a decision, dated 29/01/2025, wherein the claim of the Appellants was refused. The Appellants were dissatisfied with the judgment of the trial Court and thereby filed a Notice of Appeal. The Court suo motu raised the issue of competence of issues for determination of both parties.

ISSUE(S) FOR DETERMINATION:

The Court considered whether the issues for determination raised by the parties are competent. The Court also considered the merits of the appeal.

DECISION/HELD:

The issues for determination of the parties were adjudged incompetent and the appeal was struck out. Going further to determine the appeal on its merits, the Court dismissed the appeal.

RATIOS:         

• APPEAL- ISSUE(S) FOR DETERMINATION: Effect of issue(s) for determination not distilled from/related to ground(s) of appeal
• APPEAL- OMNIBUS GROUND OF APPEAL: Meaning of omnibus ground of appeal; whether an omnibus ground can be used to raise an issue of law
• APPEAL- OMNIBUS GROUND OF APPEAL: Difference between omnibus ground of appeal in civil and criminal cases
• CONSTITUTIONAL LAW- ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHT(S): Whether application(s) for the enforcement of fundamental rights are determined on affidavit evidence
• GOVERNMENT AGENCY- NATIONAL DRUG LAW ENFORCEMENT AGENCY: Powers of the National Drug Law Enforcement Agency under the National Drug Law Enforcement Agency Act
  

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