Court Ordered Their Release, But 42 Mubi Residents Reportedly Remain in Custody

Federal High Court declared their continued detention unlawful and ordered their release, but contempt proceedings have reportedly begun after the order was not implemented

ADAMAWA, Nigeria — Questions over respect for judicial authority and the constitutional right to personal liberty have emerged in Adamawa State following reports that 42 residents of Mubi remained in custody despite a Federal High Court judgment ordering their release.

The 42 people were arrested on 6 May 2026 when officers of the Nigeria Police Force reportedly carried out an operation in Mubi, according to court documents cited in a report published on Sunday, 9 August.

They were subsequently taken to Yola, where some were detained at the State Criminal Investigation Department before being transferred to a correctional facility.

On 23 July 2026, however, the Federal High Court sitting in Yola ruled in favour of the detainees in a fundamental-rights enforcement action and declared their arrest and continued detention unlawful and unconstitutional.

The court ordered their immediate release subject to each applicant entering into a bond to be of good behaviour for two years.

Despite that judgment, the detainees were reportedly not released. Instead, they were allegedly transferred from the correctional facility in Yola to Numan, leading their lawyers to begin contempt proceedings against officials accused of failing to comply with the court’s decision.

The Adamawa State Police Command and the Nigerian Correctional Service had not publicly provided a substantive explanation for the alleged non-compliance at the time of the report. The police spokesperson reportedly said he had not been briefed and would consult the command’s legal department.

Arrested in Mubi, Detained in Yola

According to the account presented in court, the 42 residents were arrested in Mubi and transported more than 200 kilometres to Yola.

The applicants alleged that they were not informed of the specific offences for which they had been arrested and had not been formally charged or arraigned before a court of competent jurisdiction despite remaining in detention for an extended period.

Police reportedly obtained a remand warrant from Chief Magistrate Court 2 in Yola on 8 May.

The detainees challenged that warrant, arguing, among other things, that the Yola magistrate court lacked the necessary territorial jurisdiction over persons arrested in Mubi.

They subsequently approached the Federal High Court in Suit No. FHC/YL/CS/16/2026, naming the Commissioner of Police, Adamawa State Command; the Controller of the Nigerian Correctional Service, Adamawa State Command; and the Attorney-General of Adamawa State as respondents.

Federal High Court Declares Detention Unlawful

In its judgment of 23 July, the Federal High Court found in favour of the applicants.

According to the reported court documents, the court held that their arrest and continued detention without being informed of the reasons for their arrest and without being charged and arraigned violated constitutional protections relating to personal liberty and fair hearing.

The court also reportedly declared the remand warrant obtained from Chief Magistrate Court 2, Yola, in relation to the Mubi detainees illegal, null and void.

It consequently directed that each of the 42 applicants be released after entering into a bond before the court to be of good behaviour for two years.

The respondents were also restrained from rearresting or detaining the applicants on the same facts without following due process.

What Does the Nigerian Constitution Say?

Section 35 of the Constitution of the Federal Republic of Nigeria protects the right to personal liberty.

Although the Constitution permits arrest and detention in specified circumstances — including where a person is reasonably suspected of committing a criminal offence — deprivation of liberty must follow a procedure permitted by law.

The Constitution also provides safeguards concerning how long an arrested person may be held before being brought before a court.

This means that the power to arrest is not an unlimited authority to detain indefinitely.

More importantly, once a court of competent jurisdiction has determined that continued detention is unlawful and has issued an enforceable release order, the rule of law requires that the order be respected unless it is lawfully stayed, varied or overturned through the judicial process.

An appeal, where available, is the proper mechanism for challenging a judgment. Government agencies cannot simply treat an unfavourable judicial decision as though it does not exist.

Can Police Ignore a Court Order Because They Disagree With It?

As a general principle, no.

Police, correctional authorities, government officials and private citizens are all subject to judicial orders.

An agency that believes a court made an error can challenge the decision through the appropriate legal process, including seeking a stay where applicable.

The principle is fundamental: courts would have little practical authority if parties were free to obey only judgments with which they agreed.

Disobedience of an enforceable court order may expose responsible persons to contempt proceedings.

Contempt Proceedings Reportedly Begin

Following the alleged failure to release the detainees, contempt proceedings were reportedly initiated.

A Form 48 was said to have been issued and served on the Adamawa State Commissioner of Police and the state Controller of the Nigerian Correctional Service.

Such proceedings are designed to compel obedience to court orders and can ultimately lead to sanctions where the legal requirements for contempt are established.

However, contempt is itself a judicial process. The officials concerned are entitled to the procedural protections applicable to those proceedings, and the commencement of contempt proceedings should not be treated as a final finding of contempt.

Why This Case Matters Beyond the 42 Detainees

The controversy raises a much broader question about Nigeria’s justice system: What value does a citizen’s constitutional right have if an order enforcing that right is not obeyed?

Law-enforcement agencies perform an essential role in maintaining public safety and investigating crime. But their powers are created and limited by law.

Likewise, correctional institutions are responsible for keeping people who have been lawfully committed to their custody. They are not intended to become independent decision-makers on whether a valid judicial release order should be honoured.

The Nigerian Correctional Service Act, 2019, itself recognises the authority of courts and places the correctional system within the wider administration of justice.

Respect for judicial decisions is therefore not merely about protecting judges or lawyers. It protects ordinary citizens.

If government institutions could selectively disregard court judgments, constitutional guarantees of liberty, fair hearing and due process could become difficult to enforce in practice.

Step Rights Legal Insight

A court order is not a suggestion.

Where a competent court orders the release of a detainee, the relevant authorities are expected to comply with that order according to its terms unless there is another lawful basis for continued detention or a competent court has stayed, varied or overturned the order.

At the same time, allegations of disobedience must be established through the proper judicial process. The commencement of contempt proceedings does not by itself prove contempt.

For citizens, the case also reinforces an important principle: being arrested does not remove your constitutional rights.

A person arrested on suspicion of committing an offence is not automatically guilty. Law-enforcement authorities must follow the Constitution and applicable criminal-procedure laws, while the courts remain responsible for determining legal disputes and safeguarding fundamental rights.

The effectiveness of the justice system ultimately depends not only on courts making orders, but also on those orders being respected.

Step Rights Magazine will continue to monitor the proceedings and any response from the Adamawa State Police Command and Nigerian Correctional Service.

Sources: Federal High Court proceedings as reported on 9 August 2026; Constitution of the Federal Republic of Nigeria 1999 (as amended); Nigerian Correctional Service Act 2019.

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