In a landmark judgment with far-reaching implications for the operations of state-backed security outfits across Nigeria, 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 independently declare any Nigerian citizen wanted.
The judgment, delivered on Monday by the Chief Judge of Ondo State, Justice A.O. Odusola, nullified the wanted declaration issued against three suspended officers of the agency, holding that the action was unlawful and not supported by any statutory provision.
Justice Odusola made the pronouncement while delivering judgment 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, instituted separate suits against the Commandant of the Ondo State Security Network Agency, Akogun Adetunji Adeleye, and the agency over their suspension and the subsequent decision to declare them wanted.
The cases, marked HCAK/478/CIV/2025, HCAK/475/CIV/2025, and HCAK/479/CIV/2025, were later consolidated by the court because they raised similar legal and constitutional issues.
Before considering the substantive issues, the respondents urged the court to dismiss the suits, arguing that they were incompetent because the supporting affidavits were not personally sworn to by the applicants.
They also maintained that the applications failed to disclose any reasonable cause of action capable of sustaining a fundamental rights enforcement proceeding.
Justice Odusola rejected the arguments, holding that the law permits an affidavit to be deposed to by any person with sufficient knowledge of the facts where the applicant is unable to personally swear to it.
The court observed that the deponent, who is the wife of one of the applicants, possessed adequate knowledge of the facts surrounding the dispute and was therefore competent to depose to the affidavits.
The judge further held that the originating processes disclosed a justiciable complaint relating to the enforcement of the applicants’ constitutionally guaranteed fundamental rights and therefore established a valid cause of action.
The dismissal of the preliminary objection paved the way for the court to determine the substantive issues raised in the suits.
On the substantive issue, Justice Odusola held unequivocally that the Amotekun Corps has no statutory power to independently declare any Nigerian citizen wanted.
According to the court, the declaration of a person as wanted is a legal process governed by established laws and procedures and cannot be exercised arbitrarily by any law enforcement agency outside the framework recognised by law.
The judge stressed that such powers must be exercised strictly in accordance with due process and only by authorities legally empowered to do so.
In reaching the decision, the court noted that the Senior Advocate of Nigeria representing the respondents conceded during proceedings that there is no law empowering any law enforcement agency to independently declare a Nigerian citizen wanted outside legally prescribed procedures.
Based on that admission and the applicable legal principles, Justice Odusola declared the wanted notice issued against the three suspended officers unlawful, unconstitutional, and of no legal effect.
The court consequently set aside the wanted declaration.
However, while granting the reliefs sought by the applicants in relation to the unlawful wanted notice, Justice Odusola declined their claim for damages.
Amotekun was established by the six South-West states in 2020 as a regional security network to complement the efforts of conventional security agencies in combating kidnapping, armed robbery, banditry, and other violent crimes.
Although the corps has recorded successes in intelligence gathering and community policing, its operations have occasionally generated legal debates over the limits of its powers, particularly where they intersect with functions constitutionally assigned to federal security agencies such as the Nigeria Police Force.
