Bomba Dauda
Honourable Justice Musa Kakaki of the Federal High Court, Lagos, on Thursday awarded ₦30 million in damages to activist and publisher Omoyele Sowore, after ruling that his declaration as “wanted” by the Lagos State Commissioner of Police and the Inspector-General of Police was illegal, unconstitutional and a grave abuse of power.
Sowore had instituted the suit to challenge his being declared wanted by the Lagos State Police Command on November 3, 2025, following an earlier public warning issued by the Commissioner of Police on October 27, 2025, asking him to stay away from Lagos.
In a judgment that lasted over one hour, Justice Kakaki held that the actions of the police amounted to a violation of Sowore’s fundamental rights and constituted an abuse of state authority.
The court reaffirmed that no Nigerian can be criminalised for speaking out, protesting, or holding government accountable, stressing that the police lacked the legal power to declare a citizen wanted without due judicial process.
According to the court, the practice of branding citizens “wanted” has evolved under the law and can only be lawfully undertaken upon the issuance of a valid warrant by a court of competent jurisdiction, proper notice, and proof that the person is evading lawful process.
Justice Kakaki held that:
The public pronouncement by the Lagos State Commissioner of Police warning Sowore to stay away from Lagos was arbitrary, unconstitutional and beyond the powers of the police.
The declaration of Sowore as “wanted” was illegal, ultra vires and a grave abuse of authority.
The misconduct of the Commissioner of Police attracted judicial condemnation, while the Inspector-General of Police, Kayode Egbetokun, was held liable for the improper exercise of authority.
The court further ruled that the action of the police undermined constitutional order and amounted to oppression rather than lawful policing.
In awarding ₦30 million in damages against the Commissioner of Police and the Inspector-General of Police, the court said the relief was meant to compensate the applicant and also serve as a deterrent against future abuse of power by law enforcement agencies.
Reacting to the judgment, counsel to Sowore, Tope Temokun, described the ruling as a victory not only for his client but for all Nigerians.
“This judgment restores constitutional order. It affirms that asking questions is not a crime in Nigeria and that citizenship is not obedience to unlawful authority,” Temokun said.
He added that while the monetary award was significant, the greater value of the judgment lay in its jurisprudential importance, as it clearly defined the limits of police powers and reinforced the supremacy of the rule of law.
The ruling is expected to deepen public discourse on civil liberties, police accountability and the constitutional boundaries of law enforcement authority in Nigeria.
