Rolland Oluwasegun Elusoji
A Federal High Court, Lagos has dismissed a motion filed by a United States based-Nigerian, Rolland Oluwasegun Elusoji, seeking to nullify the Nigeria Police Force’s decision declaring him wanted over alleged criminal offences.
In dismissing the motion, Justice Daniel Osiagor, who presided over the court ruled that his court lacked jurisdiction to set aside an order previously validated by a court of coordinate jurisdiction.
Olusoji was declared wanted by the police over alleged N1.2 billion fraud, sequel to an order obtained from the court presided over by Justice Deinde Dipeolu.
Justice Osiagor while delivering the judgment in the motion marked FHC/L/MISC/991/25, rejected Elusoji’s request for judicial review against the Commissioner of Police, Special Fraud Unit, Lagos, and the Inspector-General of Police.
Elusoji through his lawyer, Dr. Wahab Shittu (SAN) had asked the court to declare unconstitutional the police action of declaring him 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, restrain the police from further publications. While also prayed the court to award him N100 million as damages for the alleged violation of his constitutional rights.
Elusoji had argued that the alleged offence for which he was declared wanted 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 lawyer further contended that under the Administration of Criminal Justice Act, a citizen cannot lawfully be declared wanted without a valid court-issued warrant or judicial authorization. Adding 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.
However, the respondents through their lawyer, Achi Caleb, challenged the competence of the suit through a preliminary objection, arguing that the applicant failed to comply with procedural requirements under the Federal High Court Rules and the Sheriffs and Civil Process Act, particularly regarding service of court processes on the Inspector-General of Police in Abuja.
In deciding the suit, Justice Osiagor dismissed the preliminary objection, holding that the respondents had actively participated in the proceedings by filing affidavits, exhibits and legal arguments, thereby demonstrating full awareness 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, however, the court held that the police declaration complained of had already received judicial validation through an order made by Justice Dipeolu.
Justice Osiagor therefore ruled that a court of coordinate jurisdiction cannot review or set aside the valid order of another judge of equal status.
The court held 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.
Justice Osiagor thereafter dismissed Elusoji’s motion in its entirety.