The Inspector General of Police, the Lagos State Commissioner of Police and the Police Service Commission have appealed a Lagos High Court judgment which held that the police violated the fundamental rights of businessman, Alhaji Hameed Tajudeen.
The appellants filed the notice of appeal at the Court of Appeal, Lagos Division, seeking to overturn the judgment delivered by Justice O. L. Alebiosu of the Ikeja Judicial Division on August 7, 2026.
The case, marked Suit No. ID/ADR/21447MFHR/2026, arose from Tajudeen’s arrest and detention in connection with an investigation. The police are challenging the findings and reliefs granted by the lower court.
In the notice of appeal, the police argued that a Magistrate’s Court sitting in Ogba, Ikeja, had on February 16, 2026, issued a remand order authorising Tajudeen’s arrest and 14 day detention to facilitate investigation under Charge No. MIK/60A/2026.
The appellants also faulted the High Court’s finding that Tajudeen was declared wanted without a court order. They argued that the action was taken in the interest of protecting lives and property and maintaining public safety within the constitutional framework.
The police further contended that Tajudeen could not be located and had allegedly fled to the Benin Republic, leading to the involvement of INTERPOL in securing his arrest. They maintained that the alleged offence, which they described as a felony and capital offence, did not require a warrant of arrest.
The appellants argued that the trial court failed to adequately consider the allegation that Tajudeen had evaded arrest when determining the fundamental rights application. They relied on the Supreme Court judgment in Alhaji Mujahid Dokubo Asari v. Federal Republic of Nigeria (2007) 12 NWLR (Pt. 1048) 320.
According to the police, the Supreme Court decision established that where national security is at stake, the rights of an individual must be weighed against the wider interests of public safety and the survival of the state. They therefore urged the Court of Appeal to set aside the judgment in its entirety.
The police 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.
