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Legal Status of Nullified Order of Arrest
Legal Status of Nullified Order of Arrest
The vacation of warrants of arrest, search and commitment to prison on remand against Dr. Akintoye Akindele, the Managing Director/Chief Executive Officer of Duport Midstream Company Limited in suit no. CMC/MG/CR/17S/2023 by a Chief Magistrate Court in Nasarawa State sitting at Mararara Gurku is of topical interest.
The Inspector General of Police was the complainant in the suit. By vacating its own order, the court has provided further proof as to the robustness of the judicial system to resist attempts at pressing it into service as a tool for impunity.
There are instances where the police may arrest a person in circumstances where the arrest ought not have been made in the first instance. Such arrests may be nullified by the same court or by courts of equal jurisdiction.
The question which arises is the legal status of such nullified orders of arrest. The grounds for nullification may include defects in the jurisdiction of the court, non- disclosure and/or suppression of crucial information by the police, et cetera.
This publication seeks to lay to rest the status of the unlawful arrest by the police of such a person.
Introduction
This opinion addresses a pivotal issue:
Can a Magistrate Court in Nasarawa State, for example, lawfully issue warrants and committal orders on the bases of untrue/concealed information from the police concerning alleged offenses committed beyond the court’s jurisdiction?
And, where such orders of arrest are made but subsequently quashed, what is the legal status of the quashed order of arrest?
Jurisdictional authority of Magistrate Courts in Nasarawa State.
The bedrock of the authority of Magistrate Courts in Nasarawa State to issue arrest and search warrants is rooted in the Administration of Criminal Justice Law (ACJL) of Nasarawa State.
This legal framework, meticulously detailed in Sections 35, 36, 143, and 144 of the ACJL Nasarawa State, provides a precise avenue through which these courts can empower law enforcement agencies to apprehend suspects and secure crucial evidence.
However, it is crucial to acknowledge the limitations stemming from the territorial jurisdiction of these courts.
For instance, the jurisdictional scope of the Chief Magistrate’s Court in Maraba-Gurku, Nasarawa State, is explicitly defined within the official gazette.
Legal Analysis of the Issue
The key issue for determination is as follows: Do Magistrate Courts possess the capability to extend their arm of authority to issue warrants for offences that transpire beyond the territorial confines of their jurisdiction? This question emanates from the bedrock of Nigerian legal principle on the doctrine of territorial jurisdiction.
The landmark case of REX V. SHODIPO 12 WACA 374 resonates adequately with the geographical limitations on jurisdiction.
Territorial Constraints on the Jurisdiction of Magistrate Courts
It is crucial to acknowledge the limitations that govern the jurisdiction of a Magistrate Court in criminal cases.
This jurisdiction is inherently restricted to the geographical scope of its corresponding state, often defined by delineations within magisterial districts where applicable.
In REX v. SHODIPO 12 WACA 374, the facts, circumstances, and rulings of the West African Court of Appeal vividly demonstrate the profound consequences of errors in jurisdiction.
In this case, an appellant arrested in Lagos for a crime committed in Ijoko, situated within the Abeokuta Magisterial District, triggered a preliminary inquiry that resulted in the appellant’s trial in the Lagos Division of the then Supreme Court.
The charge primarily revolved around fraudulent false accounting, as stipulated under Section 6 of the Criminal Code. Central to the appellant’s argument was Section 64 of the Criminal Procedure Ordinance, contending that the preliminary inquiry should have transpired within the Abeokuta Magisterial District, rendering the Lagos Magistrate’s proceedings null. The West African Court of Appeal concurred, establishing that the Lagos Magistrate lacked jurisdiction over the preliminary inquiry. Consequently, all ensuing proceedings, including the Supreme Court trial, were null and void. This fundamental principle of criminal justice administration is further enriched by the 2017 reported case of MATHEW V. THE STATE (2017) LPELR-44072(CA), wherein the Court of Appeal, per FATIMA OMORO AKINBAMI, JCA underscored the essence of jurisdiction as the bedrock of adjudication: “Jurisdiction defines the power of the Court to inquire into facts, apply the law, make decisions and declare judgment. The Constitution and statutes which set up the Courts cloak them with powers and jurisdiction of adjudication which are basically substantive and procedural. Thus, where ingredients of an offence occur outside the territorial jurisdiction of the Court asked to adjudicate over the matter, such a Court will not assume jurisdiction over the offence for apparent lack of jurisdiction.” On this score, it is our opinion and as supported by the order voiding the arrest, that the magistrate, ab initio, lacked the jurisdiction to issue the warrant of arrest as none of the alleged elements of the case occurred within his jurisdiction in Nassarawa State.
Non-Disclosure and Suppression of Facts
The issue of non-disclosure of material facts by the Police to the Magistrate is fatal to the legality of the original warrant of arrest. Complainants in criminal litigation, bear the obligation of offering forthright disclosure of facts before the court.
Where complainants, including the Police hide, distort and or obscure the facts from the Magistrate in order to secure a warrant by such deceit, there are legal consequences for such underhand tactics.
In the case of non- disclosure leading to a remand order, the complainant’s failure to disclose pivotal facts—such as the residence and business activities of both the nominal complainant and the defendant(s) casts a shadow of doubt on the veracity and legality of the proceedings.
This concealment assumes the character of a foundational flaw, jeopardizing the structural integrity of the legal process, and ultimately rendering all acts, proceedings, and orders of the court a nullity.
As upheld by the Supreme Court, per Dr. I.T. Muhammed, JSC in DINGYADI &? ANOR V. INEC & 2 ORS (No. 2) (2010) 18 NWLR (PT. 1224), where it stated:
“The law regarding the position of any judgment or order of court which is a nullity for any reason whatsoever, is that the court in its inherent jurisdiction is entitled ex debito justitiae to have that judgment or order set aside on application of an affected or aggrieved party or even suo motu by the court itself.”
The Court’s Authority to Rectify Its Own Errors
In the final analysis, the law is clear that the courts have the inherent jurisdiction to nullify warrants which it had earlier issued in error.
The case of INTERMARKET NIG. V. ADEROUNMU (1998) 12 NWLR (PT. 576) 131 AT 145 stands as a testament to the court’s ability to undo orders erected on shaky foundations. Furthermore, the court’s capacity to set aside its own decisions upon the emergence of concealed material facts is substantiated in cases like ANAEKWE V. MASHASHA (2001) 12 NWLR (PT. 726) 70 AT 91 PARAS D-F and UNIVERSAL TRUST BANK LIMITED & ORS V. DOBMATSCH PHARMACY NIGERIA LIMITED [2008] 156 LRCN 197 AT 216 ZJJ TO 217AK. Embedded within legal doctrine is the principle that a court, upon recognizing concealed material facts that would have significantly influenced its decision, possesses the prerogative to overturn the earlier order.
The potency of concealed facts in corroding the legitimacy of proceedings is underscored by the case of BELLO OGUNDELE & ANOR V. SHITTU AGIRI & ANOR (2009) 12 SC PT 1, 135.
In this pivotal case, the court rendered the judgment of the lower court null and void due to the concealment of crucial facts.
In the words of the court: “The respondents falsely misrepresented the proceedings of Ila Native Court in Suit No HOS/1/79 by concealing the final judgment of that Court, which led to the judgment delivered by the Honorable Justice S.A Oloko in 1981. Consequently, the Judgment of the Lower Court is hereby set aside.”
Similarly, in ANAEKWE V. MASHASHA (2001) 12 NWLR (PT.726) 70, the court observed that: “This court has always the jurisdiction to set aside its own null judgment, or decision… See Chime V. Ude (1996) 7 NWLR (pt. 461) 379 at 438. Where it was held that if the court had acted under misapprehension of facts, the court had the power to set aside its own decision…”
Thus, by implication, when a court corrects its errors by setting aside a judgment or orders made, it is interpreted that such proceedings, judgment, or orders never existed– a total reversal to the circumstances prior to the order made.
In IBRAHIM v. OJONYE (2011) LPELR-3737(CA), the court held that: “It is a cardinal principle of law as submitted by the Appellant’s Counsel, that a judgment remains valid until set aside. However, it is worthy to note that a judgment can be set aside whether it has been executed upon or not. By setting aside a judgment, the said judgment becomes ineffectual and nugatory that nothing can cure it. In that circumstance, both the Court and the parties would revert to or return to their former position before the said judgment was delivered…”
Conclusion
It is evident that when a magistrate court issues orders founded upon concealed facts and pertains to offenses occurring beyond its jurisdiction, the entirety of the proceedings is rendered null and void.
Where such a nullification order has been made, the legal status of the nullified order is that it never existed in the first instance.
The subsequent nullification of such orders underscores the fact that, in the eyes of the law, those orders were as if they were never made.
Therefore, the very act of a Magistrate Court issuing these orders and warrants stands fundamentally illegal, and devoid of legal validity from its inception. As to the defendant, the pathway to seek redress from the complainant, in this case, the Inspector General of Police, for substantial reputational damages and financial losses suffered as a fallout of his detention, is wide open. Depending on how the case plays out in court, it may become a reference point for raising standards of police transparency when seeking a warrant.
Prof. Ikechi Mgbeoji is of Blackfriars LLP, a law firm in Lagos.
Power is a Loan, Not a Possession: The Sacred Duty of Planting People.
By George Omagbemi Sylvester for SaharaWeeklyNG.com
Power is not an inheritance. It is not a birthright. It is not even a possession. Power, in its truest form, is a loan temporary, conditional, and transient. It is entrusted to individuals by people, institutions or circumstances, but it always comes with an expiry date. The tragedy of our world, however, is that too many leaders behave as though power is eternal. They clutch onto it, abuse it, weaponize it and in the end, leave nothing behind but ruins, regret and ridicule.
The French philosopher Voltaire once remarked: “With great power comes great responsibility.” But in our era, we must go further: with great power comes the obligation to plant people. To plant people is to empower them, mentor them, uplift them and prepare them for a time when you are no longer in the spotlight. For one day, inevitably, the motorcades will vanish, the applause will fade and the titles will turn into footnotes. What will remain is the impact you left on human lives.
The Fragility of Power: Why No One Holds It Forever.
History, politics and life itself have shown that power is fleeting. Even the most feared emperors and the most influential presidents eventually yield to time. The Roman Empire, once stretching across continents, collapsed. The mighty Pharaohs of Egypt, who believed themselves divine, are remembered today only as names etched on tombs. Closer to home, African military dictators who once ruled with iron fists now live in obscurity, some begging for relevance in old age.
Former U.S. President Barack Obama put it sharply: “The arc of history is long, but it bends toward justice.” What he meant is that no matter how powerful you think you are, time has a way of humbling everyone. Leaders who imagine themselves irreplaceable soon discover the bitter truth: power is seasonal and every season changes.
This is why the greatest leaders are those who use their moment not to build monuments to themselves but to build people. Because monuments crack, but people remember.
Leadership Beyond Tenure: Planting People as Legacy.
Leadership, in its essence, is not measured by the number of years spent in office but by the number of lives transformed in that period. Nelson Mandela, who ruled South Africa for just one term, remains immortal in global memory not because he clung to office but because he planted people and values. He mentored a new generation of South African leaders, built institutions and showed the world that humility is the highest form of power.
John C. Maxwell, the world-renowned leadership expert, insists: “The greatest legacy a leader can leave is having developed other leaders.” The logic is simple; TITLES DIE, but PEOPLE LIVE ON. The greatest misuse of power, therefore, is to leave people the same (or worse) than you met them.
The Tragedy of Hoarded Power.
When power is hoarded instead of shared, the result is decay. Leaders who suppress others to protect their dominance always end up isolated. They mistake fear for loyalty, but once they step down, the very people who applauded them disappear. History is full of such examples.
Idi Amin of Uganda, Mobutu Sese Seko of Zaire and Sani Abacha of Nigeria all wielded absolute power in their days. But what became of them? Their regimes collapsed in disgrace. They planted no people, built no successors and left their nations bleeding. Today, they are remembered not for greatness but for tyranny.
Contrast this with leaders like Lee Kuan Yew of Singapore, who invested heavily in education, youth empowerment and national capacity-building. Though gone, he planted a nation of thinkers and innovators. Singapore, once a poor fishing island, is now a first-world economy, proof that planting people outlives personal reign.
Why Planting People Matters in All Spheres of Life.
This principle is not limited to politics. In business, religion and community leadership, those who succeed in developing people extend their influence far beyond their lifetimes. Steve Jobs, the co-founder of Apple, understood this. Though a perfectionist, he invested in building a strong leadership culture at Apple. That is why, years after his death, Apple continues to thrive.
In religion, Jesus Christ is perhaps the greatest example of planting people. He never built a palace or wrote a book. Instead, He invested in twelve disciples, ordinary men who later carried His message to the ends of the earth. Over two thousand years later, His influence remains unmatched, because He planted people, not monuments.
The Reality Check: What Happens When Power Ends.
We must never forget: the applause will fade. The titles will become past tense. The security convoys will vanish. The table will empty. At that point, what will remain is not the office you once occupied but the lives you touched.
The 20th-century historian Lord Acton’s timeless warning remains true: “Power tends to corrupt and absolute power corrupts absolutely.” Yet, there is a caveat often ignored; power can also elevate, if used rightly. It can inspire, empower and transform. The leader who recognizes this truth plants seeds in people while their influence lasts, because they know they will not hold it forever.
The Call to Leaders: Plant People While You Can.
To every leader (political, corporate, spiritual or community-based) the call is urgent: plant people while your voice still carries weight. Mentor the youth, empower the voiceless and create platforms for others to rise. While your hand still holds the pen, sign opportunities into others’ lives. Because one day, the pen will no longer be yours to hold.
The Nigerian novelist Chinua Achebe once wrote: “One of the truest tests of integrity is its blunt refusal to be compromised.” The integrity of leadership is tested not by the ability to acquire power, but by the willingness to share it, to empower others and to leave behind a generation better prepared than the one before.
A Personal Reflection.
Every society that has risen to greatness has done so on the back of leaders who planted people. Japan invested in education after World War II and became a global economic giant. Rwanda, under Paul Kagame, rose from genocide by investing in its people, particularly women and the youth. The evidence is overwhelming: leaders who plant people never die; their names are written in the hearts of men.
Conversely, leaders who hoard power, suppress others and treat their positions as private empires often face tragic endings. They die lonely, forgotten or mocked, not because they didn’t once have power, but because they failed to use it meaningfully.
Final Word: Power as a Loan, Legacy as an Obligation.
At the end of the day, the truth remains eternal: power is a loan, not a possession. It is lent for a while and must be returned. But while it is in your hands, you have the sacred duty to plant people.
The applause will fade. The convoys will vanish. The spotlight will dim, but the people you lifted will carry your name across generations. They will become your greatest reference long after the titles are gone.
So, use power wisely. Not to silence, not to oppress, not to immortalize yourself, but to plant others. Because when all is said and done, people are the only legacy that never dies.
Mayor of Brampton Honours IBD Foundation
The City of Brampton has recognised Alhaji Ibrahim Dende Egungbohun for his remarkable contributions to a transformative initiative designed to empower women through essential skill-building for independence and self-reliance. This formal acknowledgment took place on August 15, 2025, in Mayor Patrick Brown’s office during a visit from the Africa Made Economic Growth Initiative (AMEGI) team. Represented by his wife, Mrs. Omolara Egungbohun, Alhaji Dende received the certification amidst an atmosphere of gratitude and celebration. Mayor Brown presented the certificate personally and extended his commendations to the IBD Foundation for their relentless pursuit of women’s empowerment, development, and their philanthropic efforts.
The Certificate of Recognition underscored Egungbohun’s unwavering dedication and tireless efforts to create diverse opportunities for women to enhance their skills, develop their potential, and ultimately prosper in their personal and professional lives. As a philanthropist, esteemed businessman, and influential social figure, his impact in Nigeria and beyond is both profound and far-reaching.
Egungbohun’s generosity and steadfast commitment have significantly bolstered the confidence of program participants, facilitating their ability to envision and construct brighter futures while strengthening community ties. In his acknowledgment, Mayor Brown stated, “Your dedication uplifts those working to inspire others,” highlighting the deep and lasting influence of Egungbohun’s work in empowering women.
This initiative is not just a standalone effort; it harmonizes perfectly with Brampton’s broader mission to advocate for and uplift marginalized groups within the community. Egungbohun’s contributions serve as a vital catalyst for transformative change, offering practical skills that enhance employability while reshaping the economic and social framework for women. Through an assortment of workshops, mentorship programs, and robust support networks, he has fostered an encouraging environment where women can fully explore and realize their potential.
As Brampton steadfastly commits itself to promoting inclusivity and equity, leaders like Egungbohun exemplify how collaboration, vision, and genuine enthusiastic engagement can effectively turn hopes and aspirations into tangible realities. The public acknowledgment from the city not only honors individual efforts but also sends a resounding message, inspiring other community leaders and stakeholders to step up and invest in grassroots empowerment initiatives that uplift and serve those in need. This recognition is a clarion call for collective action toward a more equitable and inclusive society.
Tayo Folorunsho Nominated as Celebrity Special Marshal of the Federal Road Safety Corps
Tayo Folorunsho, renowned youth ambassador and edutainment advocate, has been officially nominated to be decorated as a Celebrity Special Marshal (CSM) of the Federal Road Safety Corps (FRSC).
The unveiling took place at the recently concluded FRSC Youth Hangout, held in celebration of the United Nations International Youth Day at the National Judicial Institute, Abuja.
Over the years, Tayo Folorunsho has distinguished himself as a passionate youth leader, consistently driving initiatives that inspire and empower young people. His recognition as a Celebrity Special Marshal is not only a mark of honor but also a call to responsibility—championing road safety, responsibility, and positive change within society.
Speaking on the recognition, Tayo Folorunsho emphasized:
“This is more than an honor; it is a responsibility to use my voice and influence to promote safety, responsibility, and positive change on our roads.”
This milestone reinforces his commitment to youth empowerment, social responsibility, and nation-building through edutainment and advocacy.
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