The Nigeria Police Force has filed a notice of appeal against the judgment of the Federal High Court in Lagos which ruled in favour of activist and former presidential candidate, Omoyele Sowore, over alleged violations of his fundamental rights.
According to the appeal, the Commissioner of Police, Lagos State, the Inspector General of Police and the Nigeria Police Force are challenging the decision delivered on February 20, 2026, by Justice Musa Kaakaki of the Federal High Court, Lagos Division. The appellants are seeking an order of the Court of Appeal, Lagos, to set aside the entire judgment.
In the notice of appeal, the police argued that the trial court erred in law when it held that their warning to Sowore to stay away from Lagos State amounted to a violation of his constitutional right to freedom of movement. The police maintained that the right to movement under Section 41 of the 1999 Constitution is not absolute and can be restricted in the interest of public safety and order.
They explained that the advice issued to the activist was tied to security concerns surrounding a planned protest scheduled for October 27, 2025. According to the appellants, the protest affected the movement of other citizens on major roads and public highways, and law enforcement agencies have a constitutional duty to protect lives and property.
The police also faulted the lower court’s decision that the declaration of Sowore as wanted on November 3, 2025, violated his right to dignity of the human person. They argued that the declaration was based on security intelligence and reports indicating a breakdown of law and order linked to the protests.
The appellants further contended that the trial judge failed to attach probative value to intelligence and incident reports tendered during the proceedings. The police stated that the intelligence report highlighted credible threats surrounding the protest, while the incident report confirmed disruption at the Oworonshoki axis of the Third Mainland Bridge.
They insisted that security agencies are empowered to act on intelligence information to prevent public disorder and are not required to wait for formal complaints before taking preventive measures.
The police are also urging the appellate court to make any further orders deemed appropriate in the circumstances of the case.
The legal dispute stems from enforcement actions taken by the police following protests organised in Lagos in 2025, which led to the fundamental rights suit instituted by Sowore at the Federal High Court. The outcome of the appeal is expected to clarify the scope of law enforcement powers in relation to protests and constitutional freedoms in Nigeria.
