The activities of the police have come under scrutiny by lawyers at the ongoing Law Week of the Enugu Branch of the Nigerian Bar Association taking place at the Justice Umezulike Hall, State High Court, independence Layout, Enugu. The topic which elicited a lot of interest from participants at the plenary session was described as unbecoming and infringing on the human rights of the citizens. The lawyers lamented that the situation pervades all the layers of police formations operating in the Southeast region.
In a lead paper titled: “Commercialization of Policing in Enugu State: Implication on Human Rights”, Barrister C.D. Ogbe x-rayed the unbecoming activities of the police in the state which are against the grains of law and justice which ultimately infringe on the rights of the citizens. The human rights lawyer declared that ‘the Nigeria Police Force in Enugu State, which is expected to exemplify respect for law, order and protection of rights, appears to have recently engaged in activities that curtail and violate human rights, contrary to its role as a state institution”.
Barrister Ogbe who was a gubernatorial aspirant in Enugu State in the last general elections, however acknowledged that there were still some officers and personnel within the Force in the State who, as partners in upholding the rule of law, have diligently worked and continued to work within their respective areas of influence to ensure they did not suppress the voices of those seeking justice, while avoiding the legally prohibited conduct in the execution of their duties.
He frowned at situations where complainants in criminal cases are charged huge sums of money running into hundreds of thousands of Naira by the investigating Police officers before commencing investigations on petitions approved and assigned to them by the office of the Commissioner of Police. “It is widely acknowledged, albeit unofficially, that the higher the rank within the police force approached in Enugu State, the greater the financial expectation placed on the victim or initial complainant before any substantial attention is given to a criminal complaint. It is particularly concerning that in certain police divisions in Enugu State, citizens with grievances are required to pay exorbitant sums, amounting to hundreds of thousands, to have their complaints addressed”, the lead paper presenter disclosed.
“The arrest of a suspect following a criminal complaint provides an additional avenue for revenue generation for the officers and personnel of the Nigeria Police Force. A suspect who is eligible for an administrative bail, may not be able to exercise this right to temporary release from the police custody if unable to pay a fee determined solely by the police, commonly known as bail administrative fee”, despite the well-known police declaration and mantra that “Bail is free”.
Other unconstitutional acts by the police include, acting as debt recovery agents and adjudicators of preliminary civil disputes, which have been ruled against by the courts in numerous cases including Iheanacho v N.P.F. (2017) 12 N.W.L.R. (pt. 1580) 424 C.A., and Imam & Anor. V Usman & Anor. (2023) LPELR-60203 (cA); charging monies for verification of sureties for bail in courts; mounting of illegal road blocks and extorting monies from road users among others.
Barrister Ogbe noted that the act of commercialization of police activities by certain police officers contradicts the provisions of Article 29 (3) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Vol 1. Laws of the Federation of Nigeria 2004 (hereinafter referred to as the African Charter) which mandates every Nigerian citizen to uphold the security of the State. “Consequently, the obstruction of the crime victims’ efforts to prosecute suspects, exacerbated by the extortionate conduct of some police officers in Enugu State, constitutes a violation of the fundamental rights enshrined in Article 29 93) of the African Charter” and “the monetization of responsibilities by the Nigeria Police Force in Enugu State leads to individuals resorting to self-help, resulting in the infringement of Nigerian citizens’ fundamental rights to equal access to public property and services, as enshrined in Articles 3(1) and 13(3) of the African Charter”.
Discussants of the lead paper which included Prof. Obiajulu Nnamchi, Dr. Okey Omeh, Dr. Uche Maduemesi and Barr. Maximus Ikechukwu were unanimous that the rot in the police force was not limited to Enugu State alone but the nation at large. They called on the police authorities to stem the tide of corruption within its rank as their activities were eroding the confidence the public had in them. They also called on lawyers to be in the vanguard of the change being clamoured and sought for as they were the only people who have the instruments of the law to protect the vulnerable in our public space.
They also observed that in discussing a volatile issue as that involving the police, the Force ought to be invited to listen and react where necessary, pointing out that being present at the session would enable the command know the actions to take to stem the rot.
The Law week continues Wednesday with a Bar and Bench Forum to be chaired by the Enugu State Chief Judge, Justice A. R. Ozoemena and later in the afternoon a paper : ‘Conflicting Court Judgments and subversion of Judicial Precedents: Role of the judiciary in enthroning Bad governance in Nigeria”, to be delivered by Jibrin Sam Okutepa, SAN.
Source: Drumnewsonline
