The Ondo State High Court sitting in Akure has ruled that the Ondo State Security Network Agency, popularly known as Amotekun Corps, lacks the legal authority to unilaterally declare any Nigerian citizen wanted, setting aside the wanted declaration issued against three of its suspended officers.
The judgment, delivered on Monday by the Chief Judge of Ondo State, Justice A.O. Odusola, was in consolidated fundamental rights enforcement suits filed by the affected officers – Abu Taiwo, Pius Akinsipe Temitope Victor and Ekujimi Julius.
The applicants, through their counsel, Tope Temokun, sued the Commandant of the Ondo State Security Network Agency, Akogun Adetunji Adeleye, and the agency over their suspension and the decision declaring them wanted.
The suits, marked HCAK/478/CIV/2025, HCAK/475/CIV/2025 and HCAK/479/CIV/2025, challenged the legality of the actions taken against them.
Before considering the substantive issues, the court dismissed a preliminary objection raised by the respondents, who argued that the suits were incompetent because the supporting affidavits were not personally deposed to by the applicants. They also contended that the applications disclosed no reasonable cause of action.
Justice Odusola rejected the objection, holding that an affidavit can validly be deposed to by a person with sufficient knowledge of the facts where the applicant is unable to do so personally.
The court held that the deponent, who is the wife of one of the applicants, possessed adequate knowledge of the facts and was therefore competent to swear to the affidavits.
The judge also ruled that the originating processes disclosed a justiciable complaint relating to the enforcement of the applicants’ fundamental rights, thereby establishing a reasonable cause of action.
On the substantive issue, the court held that the Amotekun Corps has no statutory power to independently declare any Nigerian citizen wanted.
Justice Odusola held that the power to declare a person wanted is governed by law and must be exercised strictly in accordance with prescribed legal procedures.
The court further observed that the Senior Advocate of Nigeria representing the respondents conceded during the proceedings that no law empowers any law enforcement agency to independently declare a Nigerian citizen wanted outside the procedure recognized by law.
Consequently, the court declared the wanted notice issued against the three suspended officers unlawful and set it aside.
While granting the applicants’ reliefs relating to the unlawful wanted declaration, the court declined their claim for damages.
