The Inspector General of Police, the Lagos State Commissioner of Police and the Police Service Commission have filed a notice of appeal challenging a judgement of the Lagos State High Court that found the police liable for breaching the fundamental rights of businessman, Alhaji Hammed Tajudeen.
The notice of appeal was filed at the Court of Appeal, Lagos, on Wednesday, challenging the judgement delivered by Justice O. L. Alebiosu of the Ikeja Judicial Division on August 7, 2026, in Suit No. ID/ADR/21447MFHR/2026.
The appellants are asking the appellate court to set aside the entire judgment.
In the notice of appeal, the police argued that a Magistrate Court sitting in Ogba, Ikeja, had on February 16, 2026, issued a remand order authorising Tajudeen’s arrest and detention for 14 days to facilitate investigation.
The order was issued in Charge No. MIK/60A/2026.
The police faulted the High Court’s finding that they declared Tajudeen wanted without a court order, arguing that the action was taken in the interest of protecting lives, property and public safety, in accordance with constitutional exceptions.
The appellants further contended that Tajudeen could not be found and had fled to the Benin Republic, leading to INTERPOL’s intervention and his eventual arrest.
They maintained that the alleged offence was a felony and capital offence for which a warrant of arrest was not required.
According to the appellants, the trial court failed to properly consider Tajudeen’s alleged evasion of arrest before granting the fundamental rights reliefs.
They relied on the Supreme Court’s decision in Alhaji Mujahid Dokubo-Asari v. Federal Republic of Nigeria (2007) 12 NWLR (Pt. 1048) 320, arguing that where national security is threatened, an individual’s fundamental rights must be balanced against the wider interests of the public and the survival of the state.
The police also faulted the High Court’s position that a court order was required before a fugitive suspect could be declared 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.
Tajudeen is represented by Abraham Akaakaa.
The appeal is yet to be assigned a hearing date.
