Human rights lawyer, Femi Falana, SAN, has condemned the reported arrest of the father of Prince Adeniyi Adeyemi, the embattled promoter of the controversial Presidential Foreign Intervention Promotion Council, describing it as an unlawful “substituted arrest” if carried out merely to compel his son’s appearance.
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The alleged arrest has deepened the controversy surrounding the purported council, which has been linked to an alleged N1.3bn “ghost agency” scandal and which the Federal Government had earlier disowned as having no legal or administrative backing.
Adeyemi, who claims to be the Director-General of the council, is currently standing trial before the Federal High Court in Abuja on charges bordering on conspiracy, forgery, impersonation and related offences.
Falana said police operatives allegedly stormed the residence of Adeyemi’s parents at Plot 3, Adeniyi Dynasty, behind Technical College, Road Safety Area, Ogbomoso, Oyo State, on Monday and arrested his father, alongside a family friend who had visited the home.
According to him, the suspect had already promised to appear in court, making the arrest of his father legally unjustifiable if the father was not independently linked to any offence.
“Police have now stormed the house of the parents of Prince Adeyemi Adeniyi, Plot 3, Adeniyi Dynasty, behind Technical College, Road Safety Area, Ogbomoso.
“The father has been arrested. There is no legal basis for substituted arrests. The young man has promised to show up in court, so why arrest his father?” Falana said.
Residents of the area also alleged that police officers arrived at the premises in four vehicles before taking Adeyemi’s father away.
One resident claimed that the officers harassed those present and prevented neighbours from intervening before leaving with the elderly man.
Another eyewitness said Adeyemi’s father was taken away with a visitor, while his elderly mother was left in shock and later moved away by neighbours.
As of the time of the report, the Nigeria Police Force had not issued a detailed official statement explaining the legal basis for the alleged arrest.
The development has drawn reactions from the Nigerian Bar Association and several Senior Advocates of Nigeria, who warned that Nigerian law does not permit the arrest of relatives merely to pressure a suspect.
NBA President, Mazi Afam Osigwe, SAN, said although the circumstances of the arrest were still unclear, the law forbids arresting one person in place of another.
According to him, if Adeyemi’s father was arrested simply to put pressure on his son, such an arrest would be unlawful.
“If a person is arrested for the purpose of putting pressure on a suspect who cannot be found, or to compel a person who is being investigated to surrender, then it is unlawful,” Osigwe said.
He, however, noted that the position would be different if the father was arrested in his own right as a suspect or person of interest.
Prof. Sam Erugo, SAN, also said it is unlawful to arrest a father for an offence allegedly committed by his son, citing Section 7 of the Administration of Criminal Justice Act, 2015, which prohibits arrest in lieu.
Another SAN, Isiaka Olagunju, said criminal responsibility is personal and cannot be transferred to relatives, except where there is evidence linking the relative to the alleged offence.
Wolemi Esan, SAN, described arrest in lieu as having no place in Nigeria’s legal system, saying it is prohibited by the Administration of Criminal Justice Act and the Nigeria Police Act, 2020.
Dr. Wahab Shittu, SAN, also described such practice as “substitutional arrest,” stressing that the police power of arrest is not unlimited and must comply with the Constitution and the ACJA.
He said Section 35 of the Constitution guarantees personal liberty, while Section 7 of the ACJA expressly provides that “a person shall not be arrested in place of a suspect.”
Shittu added that if Adeyemi’s father was arrested solely to pressure his son in connection with the pending trial, the arrest would be unlawful. He, however, said the legal position would be different if the police could establish independent evidence linking the father to the alleged offences.
The Force Headquarters spokesperson, Anietie Iniedu, said he had not been briefed on the alleged arrest and requested details of the specific police unit involved.
The Oyo State Police Public Relations Officer, Olayinka Ayanlade, said the matter was being handled by the Force Criminal Investigation Department, Force Headquarters, Abuja, and therefore fell outside the jurisdiction of the state command.
Meanwhile, the Office of the Accountant-General of the Federation has denied releasing any public funds to the controversial council.
The Director of Press and Public Relations in the OAGF, Bawa Mokwa, said although an application was initiated to open a government account for the council, the process was never completed because the required signatories were not provided.
According to him, since the account was never activated, it could not receive any public funds.
“An account that is not concluded and does not become operational is not an account. They actually applied, but when it got to the stage where they would provide the signatories, they couldn’t provide,” Mokwa said.
He added that no money was released to the council and dismissed claims that it had received funds following its appearance in the 2026 Appropriation Act.
Mokwa said the implementation of the 2026 budget only commenced on July 1, by which time the controversy surrounding the council had already begun.
“If he doesn’t have an operational account, where would they put the money? There wasn’t any money given,” he said.
The OAGF also maintained that the council had not recruited staff through the required procedures for federal establishments and that no salaries had been paid to any purported workers of the body.
The Presidency had earlier said a police report confirmed that the signature of the Chief of Staff to the President, Femi Gbajabiamila, and the State House letterhead allegedly used on a purported appointment letter were forged.
Officials also said the Chief of Staff does not issue appointment letters into government agencies or extra-ministerial bodies, explaining that presidential approvals are conveyed to the Office of the Secretary to the Government of the Federation, which formally issues appointment letters.
An official memorandum from the OSGF also disowned the PFIPC, stating that it was not a recognised body of the Federal Government and had no legal or administrative backing.
The Senate has also come under scrutiny over the controversial N1.3bn allocation allegedly linked to the council in the 2026 budget.
However, some lawmakers defended Senate President Godswill Akpabio and the National Assembly, insisting that the legislature did not create the agency or originate its budget proposal.
The Chairman of the Senate Committee on Establishment and Public Service, Senator Cyril Fasuyi, said the PFIPC was not under the oversight of his committee and that he was unaware of the agency.
Other senators, who spoke anonymously, argued that budget proposals originate from the Executive and pass through the Budget Office, the Ministry of Budget and Economic Planning, and the Ministry of Finance before being transmitted to the National Assembly.
They maintained that lawmakers consider budget estimates submitted by the Executive and do not create agencies through the appropriation process.
The controversy is expected to receive further attention when the Senate resumes plenary, especially following a Freedom of Information request by the Socio-Economic Rights and Accountability Project seeking documents on how the allocation was approved.
Also reacting, the Committee for the Defence of Human Rights called on the Inspector-General of Police to order the immediate and unconditional release of Adeyemi’s father and any other person allegedly detained in connection with the matter, unless there is credible evidence personally linking them to a criminal offence.
In a statement signed by its National President, Yinka Folarin, and National Secretary, Idris Afees, the CDHR described substitute arrest as unlawful, unconstitutional and incompatible with the rule of law.
The group said criminal liability is personal and that no citizen should be punished, intimidated or detained for the alleged conduct of another person.
It cited the 1999 Constitution, the Administration of Criminal Justice Act, the African Charter on Human and Peoples’ Rights and other international human rights instruments, warning that law enforcement must not descend into intimidation or collective punishment.
The CDHR said it would continue to monitor developments and would not hesitate to pursue constitutional, judicial and international remedies if the alleged unlawful detention persists.
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