Ondo High Court rejects Amotekun's declaration of officers wanted

• The Ondo State High Court rejected Amotekun's declaration of three officers as wanted due to lack of proper procedure.
• Amotekun should have secured a formal public summons from the court before declaring the officers wanted, but instead secured a warrant of arrest.
• The court's decision was guided by Section 35 of the Administration of Criminal Justice Law of Ondo State, 2015, which allows courts to issue formal public summons declaring a person wanted.
• The ruling has significant implications for agencies like Amotekun that seek to declare individuals wanted for alleged misconduct.

Amotekun should have returned to court to convert the warrant of arrest into a formal public summons if an officer was evading service, Olusegun Odusola, Chief Judge of Ondo State, said.

The Ondo State High Court has dealt a blow to Amotekun, the state's security network, by rejecting its declaration of three officers as wanted. The court's decision was based on the agency's failure to follow due process in declaring the officers wanted. According to the court, Amotekun should have secured a formal public summons from the court before declaring the officers wanted. Instead, the agency secured a warrant of arrest and declared the officers wanted without following the proper procedure. This ruling has significant implications for agencies like Amotekun that seek to declare individuals wanted for alleged misconduct.

The court's decision was guided by Section 35 of the Administration of Criminal Justice Law of Ondo State, 2015, which allows courts to issue formal public summons declaring a person wanted. Amotekun's declaration of the officers as wanted without securing a public summons from the court was therefore deemed unlawful. This ruling highlights the importance of following due process in declaring individuals wanted for alleged misconduct. It also underscores the need for agencies like Amotekun to understand and respect the legal framework governing their actions.

The Ondo State High Court's ruling has far-reaching implications for agencies like Amotekun that seek to declare individuals wanted for alleged misconduct. The decision emphasizes the importance of following due process in such cases, including securing a formal public summons from the court. This ruling also underscores the need for individuals accused of misconduct to understand their rights and the procedures that must be followed before they can be declared wanted. As the court noted, 'a person's right to liberty may be impaired temporarily if there is reasonable suspicion that he has committed an offence.'

Lawyers should note that the Ondo State High Court has clarified the distinction between a public summons and a warrant of arrest, with implications for agencies like Amotekun seeking to declare individuals wanted. This ruling may impact future cases where an agency seeks to detain or prosecute officers accused of misconduct.

Source: Original reporting via Premium Times