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Police lack powers to declare people wanted without court order – judge

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It was a day of triumph for Omoyele Sowore at the Federal High Court in Lagos on Friday, where Justice Musa Kakaak ordered the Nigeria Police Force (NPF), to pay him N30million, unlawfully declaring the popular activist and publisher of Sahara Reporters, wanted in 2025.

Kakaak in the judgement on the matter filed by Tope Temokun, Sowore’s lawyer, held that the police action violated constitutional provisions and amounted to an abuse of power and slammed the fine against the police authorities, Kayode Egbetoku, the Inspector-General of Police (IGP) and Moshood Jimoh, Commissioner of Police, Lagos State, at the time.

Kakaaki, who lashed out at the police for the conduct, reaffirmed that no Nigerian should be criminalised for exercising the right to free speech, peaceful protest, or for holding government authorities accountable, stressed that the action of those involved amounted to “lawlessness.”

The judge, who traced the historical evolution of declaring citizens wanted in Nigeria, while urging that the law now required strict procedural safeguards, maintained that a person could only be declared wanted after a valid court-issued warrant, proper notice, and credible evidence that the individual is deliberately evading lawful judicial process.

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Kakaaki, while holding that the warning issued by Jimoh on 27 October 2025, directing Sowore to stay away from Lagos State, was arbitrary, unconstitutional, and beyond the lawful powers of the police, added that the public notice issued on 3 November 2025 declaring Sowore wanted was described as illegal, ultra vires, unconstitutional, and a grave abuse of authority.

Jimoh, who accused Sowore of attempting to mobilise a protest on the Third Mainland Bridge over the demolition of properties in Oworonshoki, had an earlier directive issued in October 2025 ordered the activist and former presidential candidate to stay away from Lagos State.

In his suit taking out against the NPF, Egbetokun AND Moshood, seeking enforcement of his fundamental rights, Sowore had 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.

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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.

Jimoh who had while appearing on Sunrise Daily on Channels Television on 5 November 2025, defended his action, by claiming Sowore had failed to honour an agreement to report to the police, stressed: “My declaration that Sowore is wanted is still in force.”

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.

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“But throughout yesterday, he failed to report. We will do everything within the ambit of the law to get him arrested, investigated, and prosecuted.”

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ADC leadership: Gombe’s takeover bid intensifies! *Court resumes hearing Tuesday

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Legal fireworks will resume before Emeka Nwite, at the Federal High Court, Abuja on Tuesday, April 14 in the attempt by Nafiu Bala Gombe, to take over the leadership of African Democratic Congress (ADC), from David Mark, previously recognised by the Independent National Electoral Commission (INEC).

Recall that it is against the backdrop that the ADC is currently without any leadership based on the interpretation of the electoral body of the decision of the Court of Appeal, directing all parties in the dispute to maintain status quo ante bellum in the matter.

The commission, had a fortnight ago, stripped Mark and Rauf Aregbesola of recognition, as National Chairman and National Secretary, respectively on this account, marking a new turn in the legal issue which erupted after Gombe, former National Vice Chairman, began laying claim to Mark’s position.

His contention, in a suit brought before the court, marked FHC/ABJ/CS/1819/2025, listing Mark, Aregbesola INEC, and Ralph Nwosu, the party’s founder and former National Chairman, as defendants, was that having not resigned his position, he ought to have assumed the office after Nwosu’s resignation, in line with the constitution of the party.

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Having subsequently pronouncing himself National Chairman, had in the suit, filed on September 2, 2025, sought to restrain INEC from recognising National Working Committee (NWK), led by Mark, a former Senate President.

Based on Gombe’s suit ex-parte, which also sought to stop the party from holding meetings, congresses, or conventions pending the determination of the suit, Nwite, had directed Mark, INEC and others to be put on notice to show cause why the motion should not be granted.

But Mark, unhappy with the decision, had rushed to the appellate court to determine the jurisdiction on Nwite to interfere with the matter, leading to the decision on March 12, 2026, as the court ordered him to return to the lower court, having failed to obtain its leave to file the appeal.

The decision of INEC, which came via a statement on April 1, not to recognise either Mark or Gombe, not only left the ADC in a limbo, but thrown a serious anxiety within the Nigerian polity, leading to a massive protest by the party and supporters, who it as part of their suspicion of a plot by President Bola Tinubu to foist a one-party state in Nigeria by killing all the strong oppositions.

In a motion filed on April 7 by Sulaiman Usman, (SAN), seeking an accelerated hearing of the case, Mark, also urged the lower court to compel INEC to restore his name and that of other members and recognise them as members of the party’s NWC,

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Backed with a preliminary objection challenging the competence of the suit, he also argued that Bala lacked the locus standi to institute the action, having resigned his position as national vice-chairman of the party.

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Tinubu to Nigerians: You’re in heaven compared to suffering of your neighbours

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President Bola Tinubu on Friday, told Nigerians to take a look at the situation in neighbouring countries to ascertain what true suffering really means, insisting that he has made the country better for everybody.

The President, who spoke against the backdrop of the massive groaning in the country, was particular about the hardship occasioned by the cost of petroleum products, made so by the conflict in the Middle East, where Iran is facing attacks from Israel and the United States.

Urging for patience among the people, Tinubu, in Yenagoa, Bayelsa State, where he inaugurated some projects, said: “I hear you from various angles of the economy. The fuel price is biting hard, but look around, let’s just thank God together that you are better off

“Listen to them in Kenya, in other African countries, what they are going through. We will not look back. We will continue to find ways to ameliorate the suffering of the vulnerable. This is a government that cares.

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“I am glad the Head of Service is here. Look at the numbers with the finance, economic planning, and budgeting, and we will see what we can do to ease the burden.

“But that is the development; the burden of it is what we are facing today. The challenge of the war we didn’t call for, but the effect of the interrelated world that we share. Both the joy and pain of it are universal.”

The President’s position came on the heels of another sharp rise in the price of Premium Motor Spirit (PMS), now put at close to N1, 400 per litre from the about N870 before the hostilities in the Iran, which led to major difficulties in the operation of global oil industry.

The situation was particularly worsened by the decision of Iran to restrict the movement of vessels carrying crude through the strait of Houmous, a major transit hob for the commodity to various parts of the world.

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Nafiu Gombe: Yes, I have sponsors! *I can’t fight ADC big men alone!

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Nafiu Bala Gombe, the man on whose behalf the African Democratic Congress (ADC), is currently in a prostrate state, has admitted to getting outside help in prosecuting his legal matters against the David Mark camp.

Recall that Mark, former Senate President and Rauf Aregbesola were, last week, derecognised by the Independent National Electoral Commission (INEC), and had their names struck out based on the case filed by Gombe on September 2, 2025.

The commission had relied on the pronouncement of the Court of Appeal, which ordered parties in the case to maintain status quo ante bellum, which it interpreted to mean that it should not deal with either side.

Against the backdrop of the dust the matter had raised across the country, the embattled ADC leadership, had accused the former Deputy Chairman of being sponsored by the All Progressives Congress (APC) to play the spoiler role to enable President Bola Tinubu have no challenge in the 2027 presidential election.

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Bolaji Abdullahi, spokesman of the Mark camp, had last week, stated this much when he wondered how Gombe, who on his own could not afford an ordinary lawyer, going by his financial status, would now be hiring more than three Senior Advocates of Nigeria (SANs) to represent him, which would probably run into tens of millions of naira.

Reacting on Tuesday, Gombe admitted getting outside help, but added that such assistance was not coming from government quarters or the APC, but from public-spirited individuals and Nigerians averse to the injustice being meted out to him.

Abimuku Monday, spokesman to Gombe, who spoke during an appearance on Morning Briefs, a breakfast programme on Channels Television, on Tuesday, told his host: “Before now, they were saying these people are big weights and we’re light weights. Now, we’re suddenly being seen as human beings. Earlier, we were seen as nobodies – as boys who don’t have capacity to challenge this in court.

“They say Nafiu Bala does not even have money to pursue his case. You see, that’s how they reduce people by their own estimation. They don’t find out who people. They have forgotten that for you to seek legal actions, there are so many ways to go about it.

“It is either you use your own money or your personal relationship with people. Does it mean that somebody in politics cannot have his own friends or cannot have lawyers as his friend or cannot have other members of the society as his friends.

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“These are not members of the APC. They don’t belong to any party. They’re citizens of this country, who mean well for Nigeria. Nobody is scuttling the coalition. The fact remains that if you have a challenge, people will rally around you knowing it’s a good cause you’re fighting. People will rally around you to give you the necessary support that you need. They even called my principal a small boy.”

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