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.
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A YEAR AFTER MY ONE MONTH INCARCERATION FOR “CONTEMPT OF COURT”: JUSTICE YET TO BE SERVED.
Exactly one year ago, precisely on July 27, 2022, I was remanded in the Correctional Centre (prison) for one month by the Chief Judge of Akwa Ibom State, His Lordship,… https://t.co/FVhQotu1cdtwitter.com/i/web/status/1…
Before I filed the motions, I wrote to the Hon. CJ and pleaded with My Lord to reassign the two cases which had the same facts. My Lord in her wisdom refused to accede to my request.
Part of the grounds of the two recusal applications was that my Lord had previously entered… twitter.com/i/web/status/1…
Soon afterwards, two mobile policemen with AK47 rifles entered inside the courtroom and sat directly behind me.
Throughout my 5 years in the Faculty of Law, University of Uyo, and 1 year in the Nigerian Law School, Lagos Campus, my lecturers never taught me that armed men with… twitter.com/i/web/status/1…
BREAKING: Celebrity doctor and popular influencer, Dr. Olufunmilayo Ogunsanya, has just been vindicated and exonerated by UK’s Medical Practitioners Tribunal Service of allegation(s) of inappropriate conduct falsely leveled against him by his ex female friend, Dr. Bolanle Aseyan.
Dr. Olufunmilayo who had taken a temporary break from Twitter for personal reasons, had been dragged before the UK’s Metropolitan Police on false allegation of rape. He was cleared by the UK Police after investigation. The police found that the allegation were unsubstantiated.
Not done with her vindictive quest to bring down Dr. Funmi for rightly ending their relationship, his embittered ex girlfriend, Dr. Bolanle, filed a frivolous complaint with the General Medical Council (GMC) in 2020 against him in the hope that he will lose his practice license.
On December 3, 2022, a policeman, ASP Abiona Hezekiah, was reportedly stabbed to death in the Satellite part of Lagos State by two Naval ratings, namely: Seaman Nnamani Anointing, and OSMTD Onyekachi Egwin, during an argument.
The victim is said to have stopped the Naval ratings who were on a motorcycle when argument ensued.
The Lagos State Police Command arrested the two Naval ratings and suspects for investigation and prosecution for the murder of ASP Abiona Hezekiah.
However, the Nigerian Navy demanded that the officers should be released to them for internal investigation and dismissal from service before they can be prosecuted in the civil court.
The police released the two suspects as demanded by the Naval authorities.
Today is one of those days as a lawyer, that I’m proud of myself for taking the bold decision many years ago to abandon my studies at Science School, Ididep, in my SS2 Third Term to pursue my childhood dream and passion.
The heinous efforts by a man who thought he could use his influence to make the police and the court to oppress a lady and make her spend days in Kirikiri was truncated today.
It was not an easy battle at the Federal High Court but the law and the conscience of the Court came to the rescue.
Seeing this lady, who had to spend the night on Thursday at the Lagos Police Comannd, walk out freely from the courtroom to her home is enough job satisfaction.
Godwin Emefiele corrupted the CBN and made nonsense of our exchange rates and forex market. The fiscal and monetary policies of the CBN under him did not help the country.
However, Mr Tinubu cannot remove him by virtue of Section 11 of the CBN Act without recourse to the Senate.
I’m aware of a subsisting judgment of the Federal High Court in Sanusi’s case, where it was held that while the President cannot remove the CBN Governor unilaterally, he can exercise disciplinary control over him, which includes suspension. That judgment is the law on the issue.
My view is that since the CBN Act does not envisage the suspension of the Governor by the President, and given the need for institutional independence of the CBN which cannot be guaranteed without security of tenure of the governor, the President shouldn’t be able to suspend.
Our law firm has taken up the case Ms. Olufunmilayo Brioluwa, pro bono. She was arrested on 14th May, 2023 and arraigned before the Magistrate Court, Eti-Osa the following day on a two count charge for allegedly assaulting a police officer at Ogombo in Ajah, Lagos.
The public statement made by the Lagos State Police Public Relations Officer, SP Ben Hundeyin, does not reflect the true account of events in this case. We will speak to the true facts of the case in court. We urge the police to exercise restraint in the matter.
We visited Brioluwa in Kirikiri custodial centre on 25th May, 2023. She briefed us extensively on what transpired. We equally appeared for her in court on Tuesday, June 6 when the case came up a second time. Sadly, the Nigerian Correctional Service failed to produce her in court.