Court Asked to Order Police to Return Lawyer’s Certificate, Refund N700,000

A Gombe-based lawyer, Ezekiel Samuel-Tizhe, and his client, businessman Ahmed Shuaibu-Gara, have filed a suit against the police and other individuals, demanding ₦50 million in damages over alleged unlawful arrest, intimidation, extortion and seizure of personal belongings.

The applicants are also asking the Federal High Court in Gombe to order the release of a mobile phone belonging to Gara, as well as Tizhe’s Call-to-Bar certificate and Nigerian Bar Association (NBA) identity card, which they allege were withheld by the police.

The suit names the Assistant Inspector-General of Police in charge of the Force Criminal Investigation Department (FCID) Annex in Gombe, Emmanuel Egene; the Police Service Commission; Tanko Isiyaku Gwamna; and an Investigating Police Officer, ASP Abubakar Balarabe, as respondents.

According to the application dated October 25, 2026, the applicants are challenging an arrest warrant issued by Chief Magistrate Court No. 15, Gombe, over a Facebook publication allegedly bordering on cybercrime and criminal defamation.

They argued that the magistrate’s court lacked jurisdiction to entertain the matter and accused the police of violating their fundamental rights under Sections 34, 35, 36, 37, 41 and 46 of the 1999 Constitution, as amended.

Dispute began over Facebook publication

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The dispute reportedly followed an article Gara published on Facebook on August 12, 2026, titled, “Gombe, Gombawa and Matters Arising (12): H.E. Sen. Danjuma Goje: Wrong Diagnosis Leads to Bad Prescription.”

In a separate court document dated August 13, the complainant alleged that the publication contained defamatory statements capable of exposing him to hatred, ridicule and contempt, as well as damaging his professional reputation.

The complainant urged the court to consider alleged offences of criminal mischief and criminal defamation under Sections 327 and 391 of the Penal Code Law.

However, Gara and his lawyer alleged that the police collected ₦700,000 from them in connection with his bail and confiscated his mobile phone despite the provision of a surety.

They further claimed that Tizhe’s Call-to-Bar certificate and NBA identity card were withheld even after Gara had produced a surety.

The applicants also alleged that police officers sent threatening text messages to the surety’s wife, describing the communication as a violation of her right to privacy.

Applicants demand refund and compensationAmong the reliefs sought, the applicants want the court to order the respondents to refund the alleged ₦700,000, release the seized belongings and pay $2,500 as compensation for losses they claim Gara suffered following the confiscation of his phone.

They are also seeking an order restraining the respondents from further interfering with their fundamental rights.

In addition, they want the respondents compelled to publish a public apology in two national newspapers.

Magistrate court issues interim restraining orderIn a separate but related development, a Chief Magistrate’s Court sitting in Tumfure, Gombe, issued an interim order on October 29, 2026, restraining the police from further arresting, intimidating or harassing Gara and his surety over the dispute.

The order was issued by Chief Magistrate Umar Jani-Bello following an ex parte application and affidavit filed by Gara.

In the enrolled order, the magistrate directed the police, their officers, agents and anyone acting under their authority to refrain from further unlawful arrest, intimidation or harassment of Gara and his surety in connection with the matter.

The court also directed the police to desist from any conduct intended to intimidate or unlawfully harass the applicant or his surety.

According to the court, the matter was initially referred to the office of the first respondent by Chief Magistrate Court No. 15, Bogo, before being transferred to the Tumfure court on the directive of the Gombe State Chief Judge, Justice Halima Mohammed.

The transfer followed a petition submitted by Gara and his lawyer.

The matter was subsequently referred to the Criminal Investigation Department of the Gombe State Police Command for investigation.

The interim order is to remain in force pending further directives of the court. The applicant was also directed to serve the respondents with the application, supporting affidavit and enrolled order.

The matter was initially adjourned until November 9, 2026, for further proceedings.