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The Federal High Court in Lagos has ruled that the Nigeria Police Force acted unlawfully when it declared human rights activist and publisher of Sahara Reporters, Omoyele Sowore, wanted in 2025.
Delivering judgment on Friday, Justice Musa Kakaaki held that the police action violated constitutional provisions and amounted to an abuse of power.
The court subsequently awarded ₦30 million in damages against the Nigeria Police Force, Inspector-General of Police Kayode Egbetokun, and the Lagos State Commissioner of Police, Moshood Jimoh.
In a strongly worded decision, Justice Kakaaki reaffirmed that no Nigerian can be criminalised for exercising the right to free speech, peaceful protest, or for holding government authorities accountable.
The judge criticised what he described as the “lawlessness” of the Lagos State Commissioner of Police and held the Inspector-General of Police responsible for the misconduct carried out under his command.
Tracing the historical evolution of declaring citizens wanted in Nigeria, Justice Kakaaki explained that the law now requires strict procedural safeguards.
He 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.
The court further ruled that the warning issued by Commissioner Jimoh on 27 October 2025, directing Sowore to stay away from Lagos State, was arbitrary, unconstitutional, and beyond the lawful powers of the police.
Similarly, the public notice issued on 3 November 2025 declaring Sowore wanted was described as illegal, ultra vires, unconstitutional, and a grave abuse of authority.
Lagos State Commissioner of Police, Moshood Jimoh, on 3 November 2025, publicly declared Omoyele Sowore wanted, accusing him of attempting to mobilise a protest on the Third Mainland Bridge over the demolition of properties in Oworonshoki.
The declaration followed an earlier directive issued in October 2025 in which the commissioner ordered the activist and former presidential candidate to stay away from Lagos State.
Challenging the police action, Sowore filed a suit against the commissioner, the Inspector-General of Police, Kayode Egbetokun, and the Nigeria Police Force, seeking enforcement of his fundamental rights.
In his application, Sowore asked 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, the activist maintained that he was declared wanted without any prior police invitation, arrest warrant, or formal charge. He argued that the action not only breached his constitutional protections but also tarnished his reputation as a journalist, activist, and former presidential candidate.
Through his legal team led by Tope Temokun, Sowore contended that he would have honoured any lawful invitation extended to him by the authorities.
He therefore sought an order restraining the police from harassing, intimidating, or arresting him and asked the court to nullify the public notice branding him “wanted.”
Additionally, he demanded ₦500 million in general and exemplary damages for what he described as the unlawful and oppressive violation of his fundamental rights.
The police opposed the suit, insisting that the commissioner acted within his legal authority in declaring Sowore wanted. They maintained that anyone dissatisfied with the decision was free to seek redress in court.
Appearing on Sunrise Daily on Channels Television on 5 November 2025, Jimoh defended his action, claiming Sowore had failed to honour an agreement to report to the police.
“My declaration that Sowore is wanted is still in force,” the commissioner said during the interview.
He explained that Sowore’s lawyer had contacted him via text message while he was responding to a riot situation and was subsequently referred to the Officer-in-Charge of the Legal Department. According to him, the lawyer agreed that Sowore would appear at the State Criminal Investigation Department in Yaba, where the matter was being investigated.
“But throughout yesterday, he failed to report,” Jimoh said, adding, “We will do everything within the ambit of the law to get him arrested, investigated, and prosecuted.”
The commissioner also dismissed allegations by Sowore that the Inspector-General of Police had ordered that he be “shot on sight,” describing the claim as “major misinformation.” He insisted that the IGP would never issue such an order.
