Adekola Lateef Adegoke, a judge sitting at the Iwo Division of the Osun State High Court, ordered the Osun State Police Command on August 4 to release Olayonwa Wakeel Akande, a resident of Ayedire Local Government (LGA) arrested in place of his son.
The police are alleging that Olayonwa Afeez, Akande’s son, participated in violence that resulted in the death of Moses Gabriel and Adeoje Tunji in Ileogbo Town within the LGA on June 6.
Subsequently, the police arrested Akande on June 28, insisting that he would not be released until they got his son. They neither arraigned Akande nor granted him administrative bail, in violation of constitutional provisions on the detention of suspects.
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Both the Nigeria Police Act and Administration of Criminal Justice Act prohibit proxy arrests, a situation in which law enforcement arrests someone instead of a suspected criminal.
Tawfiq Tewogbade, a managing partner at law office A+ Legal Practitioners in Iwo, then filed a fundamental rights enforcement lawsuit listing the Commissioner of Police in Osun and the Nigeria Police Force as first and second respondents on July 18, seeking six specific reliefs.
“A declaration that the arrest and detention of the Applicant by the Respondents at Osun State Police Command for more than constitutionally required time i.e. since 28th day of June, 2025 till date which is more than ten days and continuous detention of the Applicant basically because the Respondent are looking for the son of the Applicant who was alleged to have been involved in affray at Ile Ogbo, Ayedire Local Government, Osun State is wrongful, unlawful and unconstitutional as it violates Chapter Four of the -1999 Constitution of Federal Republic of Nigeria (As Amended),” the first relief read.
“An order of perpetual injunction restraining the Respondents from further using their instrumentalities and offices, their agents, privies and servants or any other person claiming through them from disturbing, arresting, intimidating, harassing, inviting and molesting or further threatening of further arrest or curtailing the freedom of movement of the Applicant in whatever form basically because the Respondents are looking for the son of the Applicant who was alleged to have been involved in affray at Ile-Ogbo, Ayedire Local Government, Osun State.
“An order for the immediate release of the Applicant – OLAYONWA WAKEEL AKANDE from 1st Respondent’s officer’s detention at Osun State Police Headquarters, Osogbo or wherever he might have been detained in Nigeria pending the determination of any Criminal charge that may be proffered against him at any Osun State High Court.”
The lawyer also asked the court to award N50 million in damages against the police for the unconstitutional arrest and detention of Akande.
All the paperwork in the lawsuit was served on the officer commanding at the command’s Legal Department, which means that they were aware of the matter in court. However, they made no known attempt to appear in court over the case.
With no legal representation from the police, the judge ordered Akande’s release and awarded N10 million in damages in his favour.
“AND AFTER HEARING I.T. Tewpgbade, Counsel for the Applicant, No legal Representation for the Respondents, Counsel for the Applicant moved his application the court then ordered as prayed,” a certified true copy of the judgment reads in part.
A copy of the judgment and a letter asking the police to comply urgently.
Specifically, the judge ordered the “IMMEDIATE RELEASE of the Applicant who is being kept in the Respondents’ custody. I grant Reliefs 1,2, 3 and 6 of the Applicant’s claims. I also award a sum of N10,000,000.00 Naira as aggravated damages against the Respondents”.
NOTIFYING THE POLICE
Tewogbade formally informed the police and requested a swift compliance with the order a day after the court’s ruling.
In a letter directed to Commissioner of Police Ibrahim Gotan, Tewogbade wrote, “This letter becomes necessary to notify you of the said judgment of the court and for the urgent compliance with the judgment handed down by the Honourable Court with minimum delay.”
The letter was delivered to the police legal department by Olayonwa Opeyemi, one of Akande’s family members, on August 5.
When the family member returned, according to Mujeeb Tadese, a litigation secretary at the law office, she reported that the police told her that they would not release Akande.
FIJ learnt that Tewogbade had also made calls to the police legal department about the judgment and compliance, but he got no favourable response.
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When called on Monday, Abiodun Ojelabi, spokesperson to the Osun Police Command, said that Akande was arrested for his role in the violence and not because of his son.
“We do not make proxy arrests. When the violence occurred, his [Akande] son abandoned the vehicle he drove to the scene of the violence. Instead of leaving the vehicle there, Akande went and drove the vehicle from where it was abandoned. It was on this basis that we arrested him,” said Ojelabi.
When pressed further on why the police failed to appear in court to justify Akande’s arrest and detention, Ojelabi said he was not aware of the case. He promised to get more information from the legal department and revert to FIJ.
Ojelabi reverted on Wednesday and said that Akande would be arraigned in court on Thursday. He, however, failed to mention anything about the negligence to file a defence in the fundamental rights case.
FIJ earlier reported the murder of Moses Gabriel and Adeoje Tunji, known as Etije, after a violent event in June. Afterwards, the police arrested Akande.
The post Police Disobey Court Order, Keep Osun Man Detained in Place of His Son appeared first on Foundation For Investigative Journalism.