Justice Ambrose Lewis‑Allagoa of the Federal High Court, Lagos Division, has declared unconstitutional the publication by the Nigeria Police Force which listed a legal practitioner, Emmanuel Chinyere Orji (popularly known as N.C. Orji), as a wanted person. The court set aside the declaration, holding that it was issued without lawful authority.
In his judgment, Justice Lewis‑Allagoa granted all the reliefs sought by the applicant, save for the monetary claims amounting to ₦1 billion in exemplary and general damages. The suit was brought under the Fundamental Rights (Enforcement Procedure) Rules by Orji’s counsel, Edwin Anikwem, SAN, leading Yinka Muyiwa.
The applicant had sought to nullify the publication of his name and photograph in The Nation newspaper, the Special Police Gazette Bulletin, and on the official website of the Nigeria Police Force, where he was declared wanted on 20 August 2025.
Delivering a strongly worded judgment, the court held that the Police acted outside the scope of their constitutional and statutory powers by declaring the applicant wanted without first obtaining an order of a court of competent jurisdiction. Justice Lewis‑Allagoa agreed with the submissions of counsel that while the Police may, in appropriate circumstances, declare individuals wanted, such action must strictly comply with Nigerian law and all conditions precedent, including prior judicial authorisation.
The court found that the Police’s action amounted to a violation of Orji’s fundamental rights to personal liberty and freedom of movement, guaranteed under Sections 34 and 41 of the 1999 Constitution (as amended).
Accordingly, the court issued declarations affirming the illegality of the publication, set aside the wanted notice, and ordered the Inspector‑General of Police to retract and quash the publication, as well as issue a formal apology to the applicant.
Although the claims for monetary compensation—two separate demands of ₦500 million each for exemplary and general damages—were refused, the court upheld the broader thrust of the applicant’s case.
During proceedings, Anikwem, SAN, argued that the Police acted precipitously and unlawfully, exposing the applicant, a legal practitioner of over 20 years, to reputational harm, stigma, and the risk of unlawful arrest. He stressed that the publication portrayed Orji as a fugitive and went viral globally, causing severe personal and professional damage.
The court agreed, noting that the Police cannot circumvent constitutional safeguards under the guise of investigative powers.
