He explained that under the law, declaring a person wanted is a legal process that must follow due procedure and be backed by a court order.
Legal counsel to human rights activist and former presidential candidate, Omoyele Sowore has stated that the police does not have the right to declare his client wanted.
According to him, the police acted outside the law to declare Sowore wanted.
The legal counsel stated this on Thursday while responding to questions in an interview on ‘Sunrise Daily’, a programme on Channels Television.
He explained that under the law, declaring a person wanted is a legal process that must follow due procedure and be backed by a court order.
“When you are looking for somebody and cannot find him after a criminal complaint, investigation, or charge, and the person is evading arrest, that is when you can seek the order of the court,” he said.
The counsel added that “when you publish an individual as being wanted without the backing of a court order, you are not only committing a tortious act and defaming that individual, but also acting unconstitutionally. Declaring Sowore wanted in this manner is arbitrary and reflects total ignorance of the law they claim to be enforcing.”
Emphasising the constitutional rights of citizens, he said, “A Nigerian citizen has the right to freedom of movement and personal liberty as provided by the Constitution. Before you can declare a person a fugitive or outlaw, it must not stem from personal malice; it must follow due process backed by a court order.”
The legal counsel revealed that the matter is already before the court, which has granted an order restraining the Commissioner of Police from carrying out the effects of the declaration.