A Federal High Court sitting in Lagos has dismissed a legal challenge seeking to decriminalise “wandering” in the state, reaffirming that the act remains an enforceable criminal offence punishable by fines or imprisonment.
The ruling, delivered on February 4, 2026, serves as a significant blow to civil rights advocates who argue the law is a tool for systemic harassment.
The suit was filed by two prominent legal practitioners, Mr Olajide Abiodun and Mr Adebayo Akinlade, who serve as a former and current executive of the Nigerian Bar Association, respectively.
The duo sought a court order to strike out “wandering” from the Lagos State statute books, contending that the law is frequently abused by law enforcement officers to justify indiscriminate arrests and facilitate the extortion of innocent citizens.
The presiding judge dismissed the action against the Lagos State Government, ruling that the provision remains valid under current applicable laws. In a move that has surprised the legal community, the Court characterised the lawsuit as a frivolous exercise and awarded ₦200,000 in costs against the applicants, despite the suit being filed as a public interest litigation intended to protect the rights of the general public.
The proceedings were marked by unusually sharp criticism from the bench. The learned trial judge reportedly lambasted the applicants, labelling them as “busybodies” who were pursuing personal publicity rather than substantive legal justice.
The Court further suggested that the lawyers were not engaged in serious legal practice within their respective chambers, questioning the professional motivations behind the litigation.
The ruling has sparked immediate debate among human rights stakeholders. Critics argue that the imposition of high costs and the judicial disparagement of the applicants could create a chilling effect on future public interest litigation.
Furthermore, legal experts expressed concern that maintaining “wandering” as a criminal offence leaves a door open for the very law enforcement abuses the applicants originally sought to prevent.
