Three suspended officers of the Ondo State Security Network Agency (Amotekun Corps) have secured a significant legal victory after the High Court of Ondo State, sitting in Akure, held that the Corps lacks the legal authority to unilaterally declare any Nigerian citizen wanted.
The consolidated fundamental rights enforcement suits were instituted by Abu Taiwo, Akinsipe Victor and Ekujimi Julius, through their counsel, Tope Temokun, against the Commandant of the Ondo State Security Network Agency, Akogun Adetunji Adeleye, and the Ondo State Security Network Agency (operating under the code-name “Amotekun Corps”), challenging their suspension and the decision declaring them wanted.
The suits are HCAK/478/CIV/2025 – Abu Taiwo v. Akogun Adetunji Adeleye & Anor; HCAK/475/CIV/2025 – Pius Akinsipe Temitope Victor v. Akogun Adetunji Adeleye & Anor; and HCAK/479/CIV/2025 – Ekujimi Julius v. Akogun Adetunji Adeleye & Anor.
In judgments delivered on Monday, 27 July 2026, Hon. Justice A. O. Odusola, Chief Judge of Ondo State, first considered the Respondents’ Preliminary Objection challenging the competence of the suits. The Respondents argued that the supporting affidavits were incompetent because they were not personally deposed to by the Applicants and further contended that the suits disclosed no reasonable cause of action.
The Court dismissed the Preliminary Objection in its entirety. His Lordship held that the affidavits were competent, observing that where an applicant is unable to personally depose to an affidavit, a person who has been duly informed of the relevant facts may validly do so on the applicant’s behalf. The Court found that the deponent, being the wife of the Applicant, had sufficient knowledge of the facts and was competent to swear to the affidavits.
On the issue of cause of action, the Court held that the Originating Processes disclosed a justiciable complaint concerning the enforcement of the Applicants’ fundamental rights and therefore established a reasonable cause of action.
Proceeding to the substantive issues, the Court identified the principal question as whether the Ondo State Security Network Agency (Amotekun Corps) possesses the legal authority to unilaterally declare a Nigerian citizen wanted.
The Court answered the question in the negative.
According to the Court, the power to declare a citizen wanted is regulated by law and is subject to prescribed legal procedures. His Lordship held that the Amotekun Corps has no statutory authority to independently declare any Nigerian citizen wanted.
The Court further noted that learned Senior Advocate of Nigeria appearing for the Respondents conceded during the proceedings that there is no law empowering any law enforcement agency to independently declare a Nigerian citizen wanted outside the procedure recognised by law.
Consequently, the Court held that the declaration of the Applicants as wanted by the Respondents was made without lawful authority and accordingly set it aside.
While granting reliefs in favour of the Applicants in respect of the unlawful wanted declaration, the Court declined the claim for damages.
The judgment is regarded as a landmark judgement from the very seat of the Chief Judge of the State. It is an important judicial pronouncement on the limits of the powers of state security agencies and reinforces the principle that restrictions on the liberty and reputation of citizens must be exercised strictly within the authority conferred by law.
(SaharaReporters)