Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
An Osun State High Court has declared that the Nigeria Police Force violated the constitutional rights of Senator Olalere Oyewunmi by subjecting him to repeated intimidation and threats of arrest without prosecution, issuing a perpetual injunction restraining the police from continuing the actions. The judgment, delivered by Justice J.O. Owolawi on June 23, 2026, in a fundamental rights enforcement suit filed by the senator against the Inspector General of Police, the Assistant Inspector General of Police, Zone XI, Osogbo, the Commissioner of Police, Osun State Command, and the Nigeria Police Force, represents a significant judicial rebuke of police conduct in politically sensitive matters.
Senator Oyewunmi, who serves as the Deputy Minority Leader of the Senate and is a member of the Accord Party, having decamped from the Peoples Democratic Party (PDP) in March 2026, approached the High Court under the Fundamental Rights (Enforcement Procedure) Rules, 2009. In his affidavit, he alleged that he had been repeatedly investigated over the same political violence in Osun State without any criminal charge ever being filed against him. The senator told the court that political violence erupted in Osun State on February 17, 2025, resulting in the deaths of several people, including APC member Remi Abass. He further alleged that APC members in Ikire subsequently filed criminal complaints against him and several political associates, leading to their arrest on February 26, 2025, before they were transferred to the Force Headquarters in Abuja for investigation.
According to court records, the police failed to challenge the senator's evidence despite being served with the court processes and hearing notices, prompting the court to accept his affidavit as uncontroverted. Justice Owolawi, in his ruling, cited established legal precedents, including the Supreme Court decision in INEGBEDION v OJEMEN & ANOR. (2013), which held that unchallenged and uncontradicted facts in an affidavit remain undisputed and are deemed admitted by the adversary. The judge stated: "It is pertinent to state here that the process, as well as hearing notices were duly served on the Respondents who failed, refused and/or neglected to file a Counter Affidavit to refute the allegations levied against them in the affidavit in support of the application. I will therefore proceed to consider the fulcrum and merit of the application". Having gone through the applicant's unchallenged affidavit, Justice Owolawi found it contained "credible, compellable and cogent facts" and deemed them admitted.
The court subsequently declared that the "consistent, persistent and continuous acts of intimidating, victimization, incessant invitations and threatening of arrest" against the senator were "wrongful, unlawful and unconstitutional" because they violated the protections guaranteed under Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The judge also issued a perpetual injunction restraining the police and their officers from "disturbing, arresting, intimidating, harassing, inviting and molesting or further threatening" the senator or curtailing his freedom of movement in any form.
The judgment represents a significant victory for the senator, who had been subjected to what he described as a pattern of harassment and intimidation by the police over an extended period. The court's finding that the police failed to respond to the allegations or provide any counter-evidence underscores the institutional failures that have long plagued police accountability in Nigeria. The perpetual injunction now bars the police from further using their instrumentalities and offices to disturb, arrest, intimidate, harass, invite, molest or threaten the senator in connection with the same matters.
The case highlights the growing tension between political figures and law enforcement agencies in Nigeria, particularly in states like Osun where political violence has been a recurring issue. The February 17, 2025 violence that triggered the senator's legal ordeal has remained a source of political friction, with allegations and counter-allegations flying between the ruling and opposition parties. Senator Oyewunmi's decision to seek judicial intervention rather than continue to endure what he characterised as harassment reflects a broader trend of political actors turning to the courts to challenge what they perceive as the weaponisation of state security agencies for political purposes.
The judgment also raises questions about the conduct of the Nigeria Police Force under the leadership of Inspector General of Police Olatunji Riliwan Disu, who has faced mounting criticism over allegations of rights violations and political bias since assuming office. While the court did not specifically name the IGP in its findings, the suit was filed against the office of the Inspector General of Police, and the judgment effectively restrains the entire police apparatus from continuing the pattern of harassment against the senator. The police's failure to respond to the court processes or file a counter-affidavit suggests either a lack of coordination within the force or a deliberate decision not to contest the senator's allegations.
The Osun State High Court's ruling is expected to have broader implications for police conduct in politically sensitive cases across the country. By affirming that citizens cannot be subjected to endless investigations and threats of arrest without prosecution, the court has reinforced the fundamental rights protections enshrined in the Constitution. The perpetual injunction against the police serves as a powerful deterrent against future abuses and sends a clear message that the courts will not tolerate the use of state security machinery to intimidate or harass individuals, regardless of their political affiliation.
As of Wednesday, July 29, 2026, the Nigeria Police Force had not issued an official response to the judgment. However, the ruling is likely to be closely scrutinised by human rights organisations, legal practitioners, and political observers who have long called for greater accountability and transparency in police operations. For Senator Oyewunmi, the judgment provides a measure of legal protection against further harassment, though the underlying political tensions that gave rise to the case remain unresolved. The senator, who has consistently maintained his innocence regarding the allegations of involvement in political violence, can now proceed with his legislative duties without the spectre of police intimidation hanging over him.
The case serves as a reminder of the critical role of the judiciary in safeguarding fundamental rights and checking the excesses of executive agencies. It also underscores the importance of the rule of law in ensuring that no individual, regardless of their political standing, is subjected to arbitrary treatment by state security forces. As Nigeria prepares for the 2027 general elections, the judgment may also influence how political actors and security agencies interact in the lead-up to the polls, with courts increasingly being seen as a viable avenue for resolving political disputes and challenging perceived abuses of power.
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