Supreme Court Rules on Illegality of Arrest by Proxy

The Supreme Court case Smart v. Idiokita examines the legality of "arrest by proxy" in Nigeria, emphasizing that one person cannot be held criminally responsible for another's actions without a joint agreement to commit a crime.

This principle is supported by Section 7 of the Administration of Criminal Justice Act 2015, which prohibits such arrests. The case arose when the father of the appellant was arrested due to the alleged criminal conduct of his son, leading to claims of unlawful detention and harassment by the Delta State Police Command.

The appellant sought damages totaling N20,000,000 for violations of fundamental rights, including unlawful arrest and detention without trial. The trial court dismissed the case, prompting an appeal, which was allowed, granting relief to the appellant.

The ruling underscores the judiciary's role in protecting citizens' rights against unlawful actions by law enforcement agencies.