Court Dismisses Dorcas Adeyinka’s N5bn Rights Suit Against Police Ex-FPRO, Adejobi
* Says ‘Police Need No Court Order To Declare Suspect wanted’
Justice Ambrose Lewis-Allagoa of a Federal High Court, Lagos, has dismissed a N5 billion fundamental rights enforcement suit filed by one Chief (Mrs) Dorcas Adeyinka against the former Force Public Relations Officer (FPRO), Muyiwa Adejobi, and others, ruling that the applicant failed to establish sufficient evidence of violations of her constitutional rights.
Justice Lewis-Allagoa also held that the police acted within their constitutional and statutory powers in investigating allegations of cybercrime and related offences against the applicant. Adding that the police do not need any court order to declare a suspect wanted for members of the public to aid in his or her arrest.
The judge made about decisions in a suit marked FHC/L/CS/1045/2025, where ACP Muyiwa Adejobi, alongside the Commissioner of Police, the National Cybercrime Centre, the Nigeria Police Force and the Inspector-General of Police, were listed as respondents
Adeyinka through her lawyer, Yakubu Eleto, had approached the court alleging unlawful arrest, detention, harassment, intimidation, coordinated media attacks and the freezing of her bank accounts without a valid court order.
She also challenged her declaration as a “wanted person” by the police, claiming the action violated her constitutional rights to dignity, liberty, privacy, fair hearing and freedom of movement.
The applicant sought several reliefs, including declarations that the police actions were unlawful, an order unfreezing her accounts, removal of her name from the wanted list, and perpetual injunctions restraining the police from further arrest or investigation linked to the matter.
She also demanded for N5 billion in damages for alleged violations of her rights and reputational harm.
In support of her claims, Adeyinka filed affidavits and exhibits, including copies of police invitations, alleged evidence of cyberbullying, and documents relating to criminal proceedings instituted against her before a magistrate court in Lagos.
Her lawyer argued that the police acted outside the law by allegedly arresting and detaining her between July and August 2024 without lawful justification.
The lawyer further maintained that declaring her wanted without prior invitation or court authorization amounted to abuse of office and a breach of her presumption of innocence.
In response to the suit, all the respondents through their lawyer, Barrister Elliott Ijie, a Chief Superintendent of Police (CSP), opposed the suit through a counter-affidavit deposed to by a police officer, insisting that the police merely carried out lawful investigations following multiple petitions alleging criminal infractions against the applicant.
The resoondents to the police, Adeyinka repeatedly failed to honour invitations extended to her for questioning in connection with allegations of cyberstalking and cybercrime.
The respondents maintained that the declaration of the applicant as wanted was done pursuant to police powers under the law to secure cooperation in an ongoing investigation.
They further argued that inviting, arresting or investigating a suspect upon reasonable suspicion of committing an offence does not constitute a violation of fundamental rights.
In urging the court to dismiss the suit, Barrister Ijie cited several appellate court decisions affirming the powers of the police to investigate criminal complaints brought before them.
Delivering judgment in the suit, Justice Lewis-Allagoa held that although the applicant established that she had been arrested, detained and invited by the police on several occasions, the respondents had also successfully justified those actions based on petitions and complaints received against her.
The judge noted that the police are legally empowered to investigate criminal allegations and may arrest, detain or prosecute suspects in the legitimate discharge of their duties.
The judge further ruled that the applicant failed to provide sufficient evidence proving torture, dehumanization or other alleged abuses beyond “mere allegations” contained in her affidavit.
On the issue of the wanted declaration, the court held that the police were entitled to publish a wanted notice where a suspect failed to make herself available for investigation.
Justice Lewis-Allagoa stated that the police did not require a court order before issuing such a declaration.
He added that if the publication later proved malicious or defamatory, the applicant’s remedy would lie in a separate defamation action rather than a fundamental rights enforcement suit.
The judge ultimately concluded that Adeyinka failed to place “material and plausible facts” before the court to establish a breach of her constitutional rights.
The judge consequently dismissed the suit in its entirety.
