Investigative journalist Zainab Sodiq alleges unlawful arrest, detention and continued seizure of her phones and drone after a July 2026 DSS operation
Investigative journalist Zainab Sodiq has filed a fundamental rights enforcement suit at the Federal High Court in Abuja against the Attorney-General of the Federation, the Director-General of the Department of State Services, the DSS and a DSS operative, Abdulwahab Habib, seeking ₦4 billion in damages over her alleged unlawful arrest, detention and continued seizure of her professional equipment.
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The suit, according to court documents obtained by SaharaReporters, centres on Sodiq’s arrest after she was intercepted while travelling from Lagos to Abuja with a DJI Mavic Air 2 drone, which security officials allegedly said required an End User Certificate.
Sodiq alleged that aviation security officials at the airport handed her over to a DSS officer identified as Ifeanyi after the drone was confiscated. She was subsequently directed to collect the device from another DSS officer, identified as Musa, in Abuja.
The journalist claimed that when she reported to the DSS office in Abuja on July 8, 2026, to retrieve the drone, the invitation became a disturbing turn of events.
According to her account, she was arrested at gunpoint, while her personal belongings were retrieved from the taxi waiting outside the DSS premises before she was taken to the DSS National Headquarters.
Sodiq further alleged that she was held incommunicado until July 10, denied prompt access to her family and questioned about her journalistic activities before being released without being charged before a court.
The journalist is now asking the Federal High Court to determine whether her arrest and detention violated her constitutional rights to dignity, personal liberty, privacy, freedom of expression, property and fair hearing under the 1999 Constitution, as amended, and the African Charter on Human and Peoples’ Rights.
The Zainab Sodiq sues DSS case also challenges the legal basis for the security agency’s action, particularly its reported reliance on what the applicant described as “NSA Extant Regulations” governing the possession and use of drones without an End User Certificate.
Sodiq argued that no Act of the National Assembly criminalises the mere possession or transportation of her commercially available drone, maintaining that executive directives or administrative regulations cannot, by themselves, create criminal offences or justify arrest and detention.
Her lawyers are relying on Section 36(12) of the Nigerian Constitution, which provides constitutional safeguards concerning the creation of criminal offences and penalties.
The suit further alleges that the DSS has continued to retain several devices belonging to Sodiq, including an iPhone 13 Pro, Samsung Galaxy A15, iPhone 14 Pro Max, iPhone 16 Pro Max and DJI Mavic Air 2 drone.
The journalist described the devices as essential tools for her work and argued that their continued seizure amounts to an infringement of her rights to privacy, property, freedom of expression and press freedom.
Sodiq is asking the court to declare her arrest and detention unconstitutional and unlawful, as well as to rule that reliance on non-legislative regulations as the basis for her arrest violated her fundamental rights.
She is also seeking an order for the immediate and unconditional release of all her seized devices, a perpetual injunction restraining the respondents from further violating her rights, ₦2 billion in general damages and another ₦2 billion in exemplary and aggravated damages.
The total damages sought therefore amount to ₦4 billion, excluding any further relief the court may grant.
Counsel to the applicant, Peter Femi Joseph, said the case raises broader constitutional questions concerning executive power, press freedom, digital privacy and the limits of security agencies.
According to Joseph, the proceedings will test whether security agencies can lawfully arrest and detain citizens on the basis of executive directives that have not been enacted into law by the National Assembly, as well as whether investigative agencies can retain journalists’ phones and professional equipment indefinitely without judicial authorisation or pending criminal proceedings.
The case follows a July episode that initially drew public attention after the DSS confirmed that Sodiq had been detained over the alleged possession of a drone without the required authorisation.
In a statement issued at the time, DSS spokesperson Favour Dozie said Sodiq had been intercepted by DSS operatives and Federal Airports Authority of Nigeria Aviation Security officials at the Murtala Muhammed International Airport in Lagos on July 6, while travelling to Abuja with an unmanned aerial vehicle without an End User Certificate.
The DSS said Sodiq admitted she did not have the required documentation but was allowed to continue her journey because of a prior engagement and was instructed to report to its headquarters in Abuja on July 8 for further investigation.
The agency said its actions were based on regulations issued by the Office of the National Security Adviser concerning the acquisition and use of drones.
The security agency also said the regulations empowered it to impound drones and sanction individuals or organisations operating remotely piloted aircraft systems without the necessary authorisation, citing national security, privacy and public safety concerns.
Sodiq’s detention was subsequently criticised by activists and press freedom advocates.
African Action Congress presidential candidate Omoyele Sowore, whose activities Sodiq has covered as a journalist, disputed the DSS account and alleged that the drone belonged to him and had been used for media coverage of elections and public events.
He also claimed that her detention was connected to his ongoing legal proceedings, an allegation the DSS did not endorse in its public explanation.
The journalist was released on July 10 following intervention by the Nigerian National Committee of the International Press Institute.
IPI Nigeria President Musikilu Mojeed welcomed her release while stressing that security agencies must balance national security responsibilities with the constitutional rights of journalists and other citizens.
The latest suit now shifts the dispute from public statements to the courtroom, where the Federal High Court is being asked to examine the constitutional limits of executive regulations, the powers of security agencies and the protection afforded to journalists working with digital equipment.
For press freedom advocates, the proceedings could have significant implications for the relationship between national security enforcement and investigative journalism in Nigeria.
For the security authorities, the case also presents an opportunity to clarify the legal framework governing drone possession and operation and the extent of their enforcement powers.
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The court’s eventual decision could therefore extend beyond Sodiq’s individual claims, potentially shaping how Nigeria balances legitimate security concerns surrounding drone technology with constitutional protections for personal liberty, privacy, property and the freedom of the press.
Victory Emmanuel is a journalist and contributor to Freelanews.com, covering news, business, and public affairs.
