A Federal High Court in Lagos has dismissed a motion filed by United States-based Nigerian, Roland Oluwasegun Elusoji, seeking to nullify the Nigeria Police Force’s declaration of him as wanted over alleged criminal offences.
In a judgment delivered by Justice Daniel Osiagor in suit marked FHC/L/MISC/991/25, the court held that it lacked jurisdiction to set aside an order previously validated by a court of coordinate jurisdiction.
Elusoji was declared wanted by the police over alleged N1.2 billion fraud, following an order obtained from the court presided over by Justice Deinde Dipeolu.
Through his lawyer, Dr. Wahab Shittu, SAN, Elusoji asked the court to declare the police action unconstitutional, arguing that he was declared wanted without first obtaining a subsisting warrant of arrest or a court order.
He also sought orders of certiorari, prohibition, and injunction to quash the declaration and restrain the police from further publications. He further prayed the court to award him N100 million as damages for alleged violation of his constitutional rights.
Elusoji contended that the alleged offence was said to have been committed in the United States and was already the subject of ongoing judicial proceedings before competent authorities in that country.
He maintained that he resides in the United States, had not absconded from Nigeria, and had never been served with any lawful summons or warrant of arrest in Nigeria.
His counsel further argued that under the Administration of Criminal Justice Act, a citizen cannot lawfully be declared wanted without a valid court-issued warrant or judicial authorization.
He also submitted that the police lacked jurisdiction to unilaterally declare him wanted over an alleged offence outside Nigeria without an extradition request, an Interpol Red Notice, or an order of a Nigerian court.
The respondents, the Commissioner of Police, Special Fraud Unit, Lagos, and the Inspector-General of Police, through their lawyer, Achi Caleb, challenged the competence of the suit via a preliminary objection.
They argued that the applicant failed to comply with procedural requirements under the Federal High Court Rules and the Sheriffs and Civil Process Act regarding service of court processes on the Inspector-General of Police in Abuja.
Justice Osiagor dismissed the preliminary objection, holding that the respondents had actively participated in the proceedings by filing affidavits, exhibits, and legal arguments, which showed they were fully aware of the case.
The judge stated that procedural rules are intended to promote substantial justice rather than defeat it on technical grounds.
On the substantive application, the court held that the police declaration had already received judicial validation through an order made by Justice Dipeolu.
Justice Osiagor ruled that a court of coordinate jurisdiction cannot review or set aside the valid order of another judge of equal status.
He stated that any challenge to that earlier order should be pursued before the Court of Appeal rather than through judicial review before another Federal High Court judge.
Consequently, the court dismissed Elusoji’s motion in its entirety.
