Femi Ashekun/
A Federal High Court in Lagos has affirmed the powers of the police to declare suspects wanted without first obtaining a court order, while also clarifying that anyone challenging such a declaration must pursue a defamation claim, not a fundamental rights suit.
Justice Ambrose Lewis-Allagoa gave the ruling while dismissing a N5 billion fundamental rights enforcement suit filed by Mrs Dorcas Adeyinka against the Nigeria Police Force and former Force Public Relations Officer, Muyiwa Adejobi.
The judgment is expected to strengthen the operational powers of the police in criminal investigations, particularly in cases involving suspects who allegedly refuse to honour police invitations.
Justice Lewis-Allagoa held that the police acted within their constitutional and statutory powers while investigating allegations of cybercrime and related offences against Adeyinka.
The court specifically ruled that the police do not require judicial authorisation before declaring a suspect wanted in order to seek public assistance in effecting an arrest.
The judge further held that a declaration of a suspect as wanted does not automatically amount to a violation of constitutional rights.
According to the court, where a wanted declaration is alleged to be malicious or injurious to reputation, the appropriate legal remedy would be a defamation action and not a suit seeking enforcement of fundamental rights.
The ruling is considered a major judicial clarification on the limits of fundamental rights litigation against law enforcement agencies, particularly concerning police investigations, invitations, arrests and public notices involving criminal suspects.
Adeyinka had sued the Commissioner of Police, the Nigeria Police Force National Cybercrime Centre, the Inspector-General of Police, the Nigeria Police Force and Adejobi in a suit marked FHC/L/CS/1045/2025.
Through her lawyer, Yakubu Eleto, she alleged unlawful arrest, detention, intimidation, coordinated media attacks and the freezing of her bank accounts without a valid court order.
She also challenged the police decision declaring her wanted, arguing that it violated her constitutional rights to dignity, personal liberty, privacy, fair hearing and freedom of movement.
The applicant sought several reliefs, including the removal of her name from the wanted list, the unfreezing of her accounts, perpetual injunctions restraining the police from further investigation or arrest, and N5 billion damages for alleged reputational injury and rights violations.
However, the respondents, represented by CSP Elliott Ijie, argued that the police merely discharged their lawful duty after receiving multiple petitions alleging cyberstalking and cybercrime against the applicant.
The police maintained that Adeyinka repeatedly failed to honour invitations issued to her during the investigation, making the wanted declaration necessary.
In his judgment, Justice Lewis-Allagoa agreed with the respondents, holding that the police possess statutory powers to investigate criminal complaints and may lawfully invite, arrest, detain or prosecute suspects where reasonable suspicion exists.
The judge found that although the applicant established that she had been arrested and detained on several occasions, the police successfully justified those actions based on petitions and complaints before them.
The court also ruled that Adeyinka failed to provide credible evidence proving torture, dehumanisation or other alleged abuses beyond what the judge described as “mere allegations” contained in her affidavit evidence.
Justice Lewis-Allagoa ultimately concluded that the applicant failed to place “material and plausible facts” before the court to establish any breach of her constitutional rights and consequently dismissed the suit in its entirety.
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