Inibehe Effiong Profile picture
Public Interest and Human Rights Lawyer | Enemy of Oppressors | Litigation | I am committed to ending corruption and injustice. HISTORY WILL VINDICATE THE JUST.

Sep 25, 2020, 13 tweets

Provisions in the new Police Act that empowers officers to arrest without a court order or warrant based on a "reasonable suspicion" and under other circumstances is not new. The problem as I see it, is more about attitude than law. The issue is lack of discipline in the policep

It will be untenable to expect the police to obtain a warrant in all cases before effecting arrests. If police officers on routine operations encounter a group of people with assault rifles in the night, should the officers seek a warrant before interrogating and arresting them?

If the police runs into a gang of robbers, should they first obtain a warrant before taking them into custody? If there is a riot, should warrant be obtained before the rioters can be arrested? I can give more examples. In this country, bail is supposed to be free, but it is not.

The Administration of Criminal Justice Act, 2015 (ACJA) already banned arrest in lieu; meaning the police are legally restrained from arresting someone in place of another. The ACJA has also prohibited the police from delving into civil matters. Has any of these been enforced?

Similar provisions have also been introduced in the Police Act 2020. The ACJA requires that confessional statements should only be obtained in the presence of a legal practitioner to the suspect or by video recoding. What is the level of implementation? Has the law been enforced?

Under the same ACJA, Heads of Courts are mandated to appoint Magistrates to visit police stations monthly and inspect their cells to curtail illegal detentions and human rights abuses. This has also not been complied with, save for few occasions. We should be objective on issues.

Good laws are only beneficial when there is a responsible government with strong and democratic institutions to implement them. Extra-judicial killings by SARS will not stop by mere enactment of laws. A regime, like Buhari's own, that thrives on impunity cannot enforce good laws.

This is a systemic problem. There is a culture of police violence, corruption and impunity in Nigeria. No law will end that culture without a responsible government and active citizenry. As Acting President, Osinbajo announced cosmetic reforms of SARS, have they been implemented?

One does not need a law degree to know that possession of smart or iPhone, laptops and driving expensive cars do not qualify as "reasonable suspicion" for arrest without warrant within the contemplation of the Police Act. Indeed, the police leadership had banned such arrests.

But has that stopped rogue and murderous policemen from killing, molesting and extorting young men with iPhone and fanciful cars? This is a country where the President, the Executive, SSS and the Police frequently flouts court orders. Let's face it, Nigeria is a lawless country.

Part of the solution(s) is for citizens to take to the streets in their thousands and demand change. Some of us have been fighting police impunity in courts, that will not end the impunity. In Columbia, thousands have been protesting police violence. We have failed as citizens.

Nigerians are good at making excuses and blaming those they call "activities". But few of us are committed to fighting systemic issues. There will be nation-wide protests by the organized Labour on 28th September and #RevolutionNow protests on October 1. How of us will take part?

Until we come out of our comfort zones and put aside our sickening ethnic, partisan or religious sentiments and fight for a better country, we will continue to suffer. Buhari is certainly not the messiah that the APC fraudulently packaged in 2015. This is our collective fight.

Share this Scrolly Tale with your friends.

A Scrolly Tale is a new way to read Twitter threads with a more visually immersive experience.
Discover more beautiful Scrolly Tales like this.

Keep scrolling