Conflicting Judgements On Police Powers And The Sowore Case -By Danjuma Lamido

The judgement delivered by Justice Musa Kakaki of the Federal High Court in Lagos, which held that the Nigeria Police Force acted unlawfully in declaring the publisher of Omoyele Sowore wanted in 2025, has once again stirred debate over the constitutional powers of the police in criminal investigations.

While every Nigerian has the right to seek judicial protection where fundamental rights are allegedly breached, it is equally important that judicial pronouncements remain consistent with established legal principles and previous decisions of courts of coordinate jurisdiction.

It would be recalled that the former Lagos State Commissioner of Police, Olohundare Jimoh, on November 3, 2025, publicly declared Sowore wanted, accusing him of attempting to mobilise a protest on the Third Mainland Bridge over the demolition of properties in Oworonshoki.

Dissatisfied with the police action, Sowore filed a suit against the then commissioner, the then Inspector-General of Police, Kayode Egbetokun, and the Nigeria Police Force, seeking the enforcement of his fundamental rights.

In his application, the activist urged the court to uphold his rights to dignity, personal liberty, freedom of movement, expression, and peaceful assembly as guaranteed under the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.

In an affidavit supporting the suit, Sowore maintained that he was declared wanted without any prior police invitation, arrest warrant, or formal charge. He argued that the police action not only violated his constitutional rights but also damaged his reputation as a journalist, activist, and former presidential candidate.

Justice Musa Kakaki, in his ruling, reportedly emphasised that a person can only be declared wanted after a valid court-issued warrant, proper notice, and credible evidence that the individual is deliberately evading lawful judicial process.

However, this position appears to be in direct conflict with the latest and more definitive judgement of the same Federal High Court in Lagos delivered by Justice Ambrose Lewis-Allagoa, who categorically held that the police do not require a court order before declaring a suspect wanted in the course of an investigation.

That judgement came during the dismissal of a N5billion fundamental rights enforcement suit filed by Chief (Mrs.) Dorcas Adeyinka against former Force Public Relations Officer, Muyiwa Adejobi, and other police authorities.

In the suit marked FHC/L/CS/1045/2025, Dorcas Adeyinka challenged the decision of the police to declare her wanted, arguing that the action violated her constitutional rights to dignity, personal liberty, privacy, fair hearing, and freedom of movement.

But Justice Lewis-Allagoa dismissed the suit in its entirety and held firmly that the police possess constitutional and statutory powers to investigate criminal allegations and, where necessary, arrest or detain suspects in the legitimate discharge of their duties.

More importantly, Justice Lewis-Allagoa stated categorically that no court order was required before declaring a suspect wanted.

That pronouncement aligns with the practical realities of criminal investigation and the constitutional mandate of the Nigeria Police Force under Section 4 of the Police Act, which empowers the police to prevent and detect crimes, apprehend offenders, preserve law and order, and protect lives and property.

It is therefore difficult to understand the legal foundation upon which Justice Musa Kakaki relied in arriving at the conclusion that the police acted unlawfully in declaring Sowore wanted.

If the police must first obtain a court order before declaring every suspect wanted, then the entire architecture of criminal investigation in Nigeria could become unnecessarily weakened and bureaucratically paralysed. Criminal suspects could exploit procedural delays to evade justice while law enforcement agencies remain handicapped.

The implication of such a precedent is dangerous, particularly in a country grappling with terrorism, kidnapping, cybercrime, banditry, and other transnational crimes that require prompt law enforcement response.

The dismissal of the Dorcas Adeyinka suit by Justice Lewis-Allagoa has effectively exposed the contradictions in the judgement delivered by Justice Musa Kakaki. In many respects, the later decision reinforces the longstanding principle that the police can declare suspects wanted as part of investigative procedures without first seeking judicial endorsement.

No court should tie the hands of law enforcement agencies from carrying out their constitutional responsibilities, especially where there is no evidence of bad faith, political persecution, or abuse of process.

While citizens’ rights must always be protected, law enforcement institutions must also retain sufficient operational authority to investigate allegations of crime effectively.

It is my expectation that the Court of Appeal will carefully review and ultimately reverse the judgement of Justice Musa Kakaki, in order to restore clarity to the law and reaffirm the constitutional powers of the Nigeria Police Force.

A democracy governed by law must strike a balance between civil liberties and public safety. Undermining the lawful investigative powers of the police under the guise of rights enforcement risks creating a dangerous precedent capable of frustrating criminal justice administration in Nigeria.

Danjuma Lamido writes from Festac Town, Lagos. Email: danjumalamido2011@gmail.com