•Lagos CP Olohundare Jimoh and activist Omoyele Sowore
Legal counsel to human rights activist and former presidential candidate, Omoyele Sowore, has said that the police acted outside the law by declaring his client wanted.
Speaking on Channels Television today, the counsel, Tope Temokun, stated that “there is no law in Nigeria that empowers the police to declare anybody wanted.”
He explained that under the law, declaring a person wanted is a legal process that must follow due procedure and be backed by a court order.
“When you are looking for somebody and cannot find him after a criminal complaint, investigation, or charge, and the person is evading arrest, that is when you can seek the order of the court,” he said.
The counsel added that “when you publish an individual as being wanted without the backing of a court order, you are not only committing a tortious act and defaming that individual, but also acting unconstitutionally.
“Declaring Sowore wanted in this manner is arbitrary and reflects total ignorance of the law they claim to be enforcing.”
Emphasising the constitutional rights of citizens, he said, “A Nigerian citizen has the right to freedom of movement and personal liberty as provided by the Constitution. Before you can declare a person a fugitive or outlaw, it must not stem from personal malice; it must follow due process backed by a court order.”
He further revealed that the matter is already before the court, which has granted an order restraining the Commissioner of Police from carrying out the effects of the declaration.
-Court Order-
His comments come amid the Federal High Court, Lagos, restraining the Lagos State Commissioner of Police, Jimoh Moshood, and other security agencies from arresting Sowore.
It also restrained them from intimidating or declaring the 2023 presidential candidate of the African Action Congress (AAC) wanted.
-Wanted-
Sowore was declared wanted for allegedly plotting to disrupt public peace in the state. CP Jimoh announced this while addressing journalists in Lagos.
“I hereby, as the Commissioner of Police of the Lagos Police Command, declare Sowore wanted.
“He is wanted for causing a disturbance of public peace and for acts to commit a serious felony by planning to obstruct traffic on the Third Mainland Bridge,” Jimoh said.
He said the police had uncovered plans to cause hardship for Lagos residents and visitors through the proposed protest.
