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Police Appeal Lagos Court ruling on Tajudeen’s fundamental rights

The Inspector General of Police, the Commissioner of Police, Lagos State, and the Police Service Commission have filed a notice of appeal challenging a Lagos High Court judgment that found the police liable for breaching the fundamental rights of Alhaji Hameed Tajudeen.

The notice of appeal, filed at the Court of Appeal, Lagos, on Wednesday, seeks to set aside the entire judgment delivered by Justice O. L.

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Alebiosu of the Ikeja Judicial Division on August 7, 2026, in Suit No: ID/ADR/21447MFHR/2026.

According to the notice, the police had obtained a remand order from a Magistrate Court in Ogba, Ikeja, on February 16, 2026, authorising Tajudeen’s arrest and 14-day detention pending investigation, under Charge No: MIK/60A/2026.

The appellants contended that the lower court erred in holding that they declared Tajudeen wanted without a court order, arguing the action was taken to protect lives, property and public safety in line with constitutional exceptions.

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The police further argued, according to the filing, that Tajudeen could not be found and had fled to the Benin Republic, prompting INTERPOL’s intervention to secure his arrest.

They maintained that the offence against him, described in the notice as a felony and capital offence, did not require a warrant for arrest, and that the lower court failed to properly weigh the alleged evasion against the fundamental rights reliefs it granted.

Citing the Supreme Court’s decision in Alhaji Mujahid Dokubo-Asari v. Federal Republic of Nigeria (2007) 12 NWLR (Pt. 1048) 320, the appellants argued that where national security is threatened, an individual’s rights must be weighed against the interest of the public and the state’s survival.

They faulted the trial court for holding that a court order was required before declaring a fugitive suspect wanted.

The appellants are represented by Audu Augustine Enenche SAN, A. Isola-Osobu, Nneka Hellene Uba, Kenneth Akaanyor and Raymond Pila of Lawlinks Legal Practitioners, while Tajudeen is represented by Abraham Akaakaa.

The appeal is yet to be assigned a hearing date.

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