Tope Akinyode Profile picture
Sep 13, 2020 7 tweets 2 min read Read on X
ALERT: This misguided Tweet from EFCC doesn't represent the position of the law in Nigeria.

It is illegal for security operatives to parade innocent citizens. A suspect (even if caught at the scene of crime) is innocent unless convicted by Court.

#Thread
Media and public parade of suspects have no legitimacy under the Nigerian judicature. The only exception to this is 'Identification Parade’ which is allowed by law. But there is clear distinction between media parade and identification parade.
While media parade is outrightly illegal, identification parade is a matter of legal necessity where the identity of a suspect is in doubt by a prosecution witness.
So to allay the doubt of a prosecution witness, the real suspect of a crime is placed in a group of people who have striking physical resemblance as the suspect and the police would ask the witness to identify the suspect. This is what identification parade entails.
Identification parade is lawful and has been validated in many cases such as; EYISI & ORS V. THE STATE (2000) LPELR-1186(SC), OKOH v. THE STATE (2008) LPELR-8352(CA), EHIMIYEIN v. STATE (2013) LPELR-20764(CA), etc
However, media parade which the EFCC and other security operatives do is illegal and very overreaching.
Any suspect who is unjustly paraded before the media can successfully challenge it in Court because it is a violation of the fundamental right to human dignity. This was the judgement of the Court in Ottoh Obono v. Inspector General of Police, Suit No; FHC/CA/CS/91/2009

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More from @TopeAkinyode

Dec 9, 2020
The AGF Erred In Law, National Assembly Has The Unfettered Power To Summon The President

I have read a report by the AGF that the National Assembly has no right to summon the President over security issues. I have also read some legal opinions giving support to this position.
I want to state that within the precinct of the Nigerian Constitution, it is a joke to assume that the National Assembly cannot summon the President.
Not only can the National Assembly summon the President, an ordinary committee of either the Senate or House of Representatives is empowered by law to summon the President.
Read 10 tweets
Oct 27, 2020
#SanwoOlu's Oath of Secrecy is illegal, null, void & incompetent.

#Thread

It is settled law that deposition on oath must be signed in the presence of the person authorized to administer oaths. This is the position of the law in the case of MOHAMMED v. APC & ORS..
To start with, Sanwoolu derives the power to create a tribunal of inquiry pursuant to Tribunals of Inquiry Law, Laws of Lagos State, 2015. Section 1 of the Tribunal of Inquiry Laws states that the governor may when necessary constitute a tribunal of inquiry
Section 3 (1) of the Tribunals of Inquiry Laws of Lagos State, 2015 states that every member of the tribunal shall before commencing make an Oath to be faithful, impartial. However, there's no provision for oath of secrecy under the law.
Read 5 tweets
Aug 22, 2020
I'll address 3 important issues on Sola's case.

1. The violation of Sola's human rights by the Police (Interpol) & all those involved in Sola's wicked detention.

2. The atrocious lie of Jonathan's Apologists that Sola had been released when he was still in detention.
3. How Parody account can NEVER amount to impersonation under the Nigerian jurisprudence.
Sola was arrested on 23rd May 2020 for creating a parody account of Ex President Goodluck Jonathan but he wasn't charged to Court until 22nd June, 2020. It is elementary law that the police can't detain someone for more than 48 hours except by a Court Order.
Read 12 tweets
Apr 20, 2020
Abba Kyari's Burial: I'll Institute Criminal Proceedings Against Garba Sheu @GarShehu, Bashir Ahmad @BashirAhmaad & Others

It will be recalled that Nigerians who violated the restriction of movement order of government over the ongoing pandemic have been arrested, arraigned..
prosecuted & convicted accordingly

In particular, a Nigerian, who having been battered & tortured of hunger, attempted a way of reasonable escape by putting his taxi to use for commercial purposes was arrested, arraigned & convicted within a day & without any access to a lawyer
Even though the man stripped naked in a dehumanising manner to protest the frustration he was passing through, the Nigerian government could not forgive the gentleman. Instead, government hurriedly convicted him and same goes for other Nigerians.
Read 23 tweets
Jan 6, 2020
Just this morning, I had a telephone conversation with Anthony Okolie on the incidence. I'm able to gather that the Sim Card which led to his arrest was once used by Hanan Buhari; Nigeria's President's daughter, over 2 years ago.
The sim card became redundant and was recycled to the market for sale. However, Mr. Okolie lawfully bought the sim card after years of redundancy unknown to him who the previous owner was.
Mr Okolie posseses the receipt for the purchase of the sim card and all other documents pertaining to the sim card.
Read 7 tweets

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