The Inspector-General of Police, the Commissioner of Police, Lagos State, and the Police Service Commission have appealed against a judgment of the High Court of Lagos State, Ikeja Judicial Division, concerning the arrest, detention and declaration as wanted of Alhaji Hameed Tajudeen.
The appeal is before the Court of Appeal sitting in Lagos and challenges the judgment delivered by Justice O.L. Alebiosu on August 7, 2026, in Suit No. ID/ADR/21447MFHR/2026.
In their Notice of Appeal, the police authorities and the Police Service Commission said they were dissatisfied with the whole decision of the lower court and urged the appellate court to set it aside.
One of the major grounds of the appeal is the High Court’s finding that the Commissioner of Police required a court order before declaring Tajudeen wanted.
According to the appellants, the lower court had itself found that the authorities obtained an order from Magistrate Court No. 3, Ogba, Ikeja, Lagos, in Charge No. MIK/60A/2026 on February 16, 2026, authorising the arrest and remand of the respondent for 14 days pending the conclusion of police investigations.
The appellants argued that the arrest and detention were carried out in accordance with applicable laws and within the constitutional exceptions relating to the protection of public safety and the prevention of crime.
They further contended that the circumstances surrounding Tajudeen’s arrest justified the actions taken by law enforcement authorities.
The police authorities told the Court of Appeal that Tajudeen had allegedly been unavailable to the authorities and that his arrest in the Republic of Benin required the intervention of the International Criminal Police Organization, commonly known as INTERPOL.
They argued that the respondent’s alleged evasion of arrest, the warrant issued against him and the seriousness of the allegations against him were matters the lower court ought to have properly considered before granting the reliefs sought in the fundamental rights action.
Another major ground of the appeal concerns the High Court’s decision that the police required a court order before declaring Tajudeen wanted.
The appellants maintained that where an individual facing serious criminal allegations had fled the country and become a flight risk, law enforcement agencies could take steps to secure his arrest and, where necessary, enlist international law-enforcement cooperation.
They also relied on the Supreme Court decision in Alhaji Mujahid Dokubo-Asari v. Federal Republic of Nigeria (2007) 12 NWLR (Pt. 1048) 320, arguing that the lower court ought to have weighed the rights of an individual suspect against broader considerations of public safety and national security.
The appellants further challenged the High Court’s grant of reliefs 1 to 5 sought by Tajudeen, arguing that the decision failed to give adequate consideration to what they described as evidence of evasion of arrest and the seriousness of the alleged offences.
In the relief sought from the Court of Appeal, the appellants are asking the appellate court for an order setting aside the judgment of the High Court delivered on August 7, 2026.
The appeal has therefore placed the legality of the actions taken by the police authorities in the matter before the Court of Appeal for further judicial consideration.
The notice was filed by Lawlinks Legal Practitioners on behalf of the appellants, with Senior Advocate of Nigeria Audu Augustine Enenche listed among counsel representing the police authorities and the Police Service Commission.
