Police, PSC challenge Lagos High Court judgment

By Adebola Muili

The Inspector-General of Police, the Commissioner of Police, Lagos State, and the Police Service Commission (PSC) have appealed against a judgment of the Lagos State High Court, Ikeja Judicial Division, over the arrest, detention and declaration as wanted of Alhaji Hameed Tajudeen.

The Notice of Appeal was dated August 12, 2026, challenging the judgment delivered by Justice O.L. Alebiosu on August 7, 2026, in Suit No. ID/ADR/21447MFHR/2026.

The appellants said they were dissatisfied with the whole decision of the lower court and urged the Court of Appeal sitting in Lagos to set it aside.

The appeal centres on the High Court’s findings concerning the legality of the police action against Tajudeen, particularly his arrest and detention, as well as his declaration as wanted.

A major ground of appeal is the High Court’s finding that the Commissioner of Police required a court order before declaring Tajudeen wanted.

The appellants argued that the lower court had itself found that a Magistrate’s Court had issued an order authorising Tajudeen’s arrest and remand for 14 days pending the conclusion of police investigations.

According to the Notice of Appeal, the order was issued on February 16, 2026, by Magistrate L.A. Owolabi of Magistrate Court No. 3, Ogba, Ikeja, Lagos, in Charge No. MIK/60A/2026.

The appellants therefore contended that the arrest and detention were carried out pursuant to judicial authorisation and within the applicable constitutional and legal framework.

They further argued that the circumstances surrounding the case justified the measures taken by the law enforcement authorities, alleging that Tajudeen had been unavailable to them and had evaded arrest.

The police authorities also told the appellate court that Tajudeen was eventually arrested in the Republic of Benin with the intervention of the International Criminal Police Organization, INTERPOL.

Another major issue raised in the appeal concerns the High Court’s grant of reliefs 1 to 5 sought by Tajudeen.

The appellants argued that the lower court failed to give adequate consideration to what they described as the respondent’s evasion of arrest, the warrant issued against him and the seriousness of the allegations against him.

They maintained that where a person facing serious criminal allegations had allegedly fled the country and become a flight risk, law enforcement authorities could take lawful steps to secure his arrest and, where necessary, enlist international law-enforcement cooperation.

The appellants also relied on the Supreme Court decision in Alhaji Mujahid Dokubo-Asari v. Federal Republic of Nigeria (2007) 12 NWLR (Pt. 1048) 320.

They argued that the lower court ought to have balanced the fundamental rights relied upon by Tajudeen with broader considerations of public safety and national security.

In the reliefs sought from the Court of Appeal, the appellants are asking the appellate court for an order setting aside the judgment of the Lagos State High Court delivered on August 7, 2026.

The appeal has consequently placed before the appellate court the legality of the actions taken by the police authorities concerning Tajudeen’s arrest, detention and declaration as wanted.

The Notice of Appeal was brought on behalf of the appellants by Lawlinks Legal Practitioners, with Senior Advocate of Nigeria, Audu Augustine Enenche, among the counsel representing the police authorities and the Police Service Commission.