Tope Temokun, the legal counsel to human rights activist and former presidential candidate, Omoyele Sowore, has faulted the police for declaring his client wanted, describing the action as unlawful and unconstitutional.
Speaking on Channels Television’s The Morning Brief on Thursday, Temokun said the police lacked the legal authority to declare any individual wanted without obtaining a court order.
“There is no law in Nigeria that empowers the police to declare anybody wanted,” he said.
The lawyer explained that the process of declaring a person wanted must follow due legal procedure. “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,” Temokun stated.
He criticised the police for acting without judicial backing, saying such actions amount to defamation and a violation of constitutional rights. “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,” he said.
Highlighting the constitutional rights of citizens, Temokun added, “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.”
The counsel revealed that the matter was already before the court, which had issued an order restraining the Commissioner of Police from enforcing the declaration.
His comments came shortly after the Federal High Court in Lagos granted an order restraining the Lagos State Commissioner of Police, Jimoh Moshood, and other security agencies from arresting or intimidating Sowore. The court also barred them from declaring the 2023 presidential candidate of the African Action Congress wanted.
Sowore had earlier been declared wanted by the Lagos State Police Command for allegedly planning to disrupt public peace in the state. While addressing journalists in Lagos, Commissioner of Police Jimoh Moshood said, “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.”
Moshood further alleged that the police had uncovered plans to create hardship for Lagos residents and visitors through the proposed protest.
