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In Enugu, its policing for sale, lawyers cry out *Call for urgent action
Operatives of the Enugu State Police Command have come under intense attack by lawyers in the state, who accuse them of high-handedness and commercialisation of their operations, amid other unprofessional conducts in their dealings with the public.
The lawyers shared their individual experiences while dissecting a paper presented by Danie Ogbe, titled: Commercialization of Policing in Enugu State: Implication on Human Rights, at the ongoing Law Week of the Enugu Branch of the Nigerian Bar Association (NBA), were emphatic that the conduct of many of the operatives left much to be commended.
Ogbe, a human rights lawyer, had led the argument in his lead paper, where he x-rayed the unbecoming activities of the police in the state, describing them as not only against the grains of law and justice, but ultimately constituting infringements on the rights of the citizens.
Stressing that the “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,” governorship aspirant in the state in 2023, however acknowledged that there were still some officers and personnel within the command, who could be exempted from the identified bad behaviours.
Such officers and men remained partners in upholding the rule of law, having 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 said.
Particularly frowning 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 (IPOs) before commencing investigations on petitions approved and assigned to them by the office of the Commissioner of Police, he regretted that the tendency transcended from the low rank to the officer cadre.
His words: “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 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.
Ogbe noted that the act of commercialisation 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”.
Obiajulu Nnamchi, Okey Omeh, Uche Maduemesi and Maximus Ikechukwu, who dissected the paper were unanimous that the rot in the police force was not limited to state command alone but the nation at large, 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.
Admonishing lawyers to be in the vanguard of the change being clamoured and sought for as they were the only people who had the instruments of the law to protect the vulnerable in the public space, they also observed that in discussing a volatile issue as that involving the police, the operatives 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.
Peter Obi, candidate of the Nigeria Democratic Congress (NDC), has given assignment to Nigerians to put all those aspiring to take up political positions in the country through the grill to ascertain their level of integrity, saying it was required as a sine qua non for the job they seek.
Obi, who has been a subject of discussion in the polity since the allegation of corruption was levied against him by Kenneth Okonkwo, spokesman of his campaign in 2023, over the conduct of the party’s primaries to choose candidates for the 2027 general elections, said the grilling must start with his own person.
A guest in an interview on a podcast with Rufai Oseni, a popular television anchor, the former Governor of Anambra State, stated that it was actually for this reason that he had now sworn to see the litigation he instituted against Okonkwo through.
His take is that the Nollywood actor should use the courtrooms to give all the details of bad behaviour, following his threat to expose him fully, after alleging that he was collecting money from aspirants in the said election for electoral favours.
Hear him: “The issue of taking Kenneth Okonkwo to court wouldn’t have arisen if he had stopped at those allegations. But he claimed he still has more he would expose about me in the future. So, I am very happy to take him to court so that he can expose me publicly, alongside other Nigerians. If any of them has any criminal allegations against me, they should bring them to court.
“Not just Kenneth, everybody should now say those things they know that is bad about me or I did that is wrong because it’s good for the system, it’s good for the society,” Obi said.
“So, if you know that when we were in primary school, this man was cheating or didn’t go to the primary school, didn’t go to secondary school, didn’t do, if you know this man has done something criminal somewhere, this is time to bring it up.”
For the umpteenth time, Atiku Abubakar, former Vice President Atiku Abubakar has warned about the dangerous implication of using state institutions, particularly the judiciary to destroy Nigeria’s democracy, saying it is an ill-wind that blows nobody any good.
Atiku, presidential candidate of the African Democratic Congress (ADC), speaking on the heels of Tuesday’s verdict of the Court of Appeal, halting the de-registration order by the Federal High Court, insisted that judicial officers must not lend themselves to any act capable of undermining the nation’s democratic process.
The appellate court had ordered a stay of execution on the order made on Monday by Justice Peter Lifu of the Federal High Court Abuja, for the Independent National Electoral Commission (INEC) to deregister the ADC alongside four other political parties).
A totally scandalised Court of Appeal, sitting in Abuja, had taken umbrage, sparing no hard words in upbraiding the lower court judge, stating that his likes were unfit to sit on the bench.
In a unanimous ruling by a three-man panel, the court held that Lifu’s action was “the highest form of judicial impertinence”, stressing that the Supreme Court previously held that a judge who acted in such a manner.
Describing his conduct as the height of judicial rascality, the upper court, stated: “Courts are enjoined to protect their integrity. This Court has supervisory authority over the trial court.
“The decision of the lower court to proceed with the judgment despite the express order of this court is a brazen violation of the hierarchy of the court and the 1999 Constitution.
This court has the duty to invoke its powers in ensuring that its orders are obeyed. The application for a stay of execution is here yet granted. The enforcement of the judgment is stayed.”
Atiku, who hailed the position of the higher court, which restored his hope to be on the ballot as presidential candidate in the 2027 election, also noted the role of INEC as “significant.”
He said: “I welcome the Court of Appeal’s decision to stay the execution of the Federal High Court judgement seeking the deregistration of our great party, the ADC, and four other political parties. It is particularly significant that INEC itself initiated the application for the stay.
“The development reflects growing public concern over judicial contradictions and politically charged rulings within the judiciary. “Any attempt to undermine Nigeria’s hard-won democracy through judicial manipulation is a grave danger to the Republic. If our democracy suffers further injury, history will demand accountability from those entrusted with dispensing justice.
Outside ADC, Lifu’s order, also included: Action Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP), similarly slammed for allegedly failing to meet the constitutional requirements for continued registration and participation in elections.
“He is running in contempt of the court. Justice Lifu should be arrested because he is acting in contempt of the court which is a criminal act,” were the exact words with which the African Democratic Congress (ADC), demonstrated its angst over the court ruling on Monday, ordering its de-registration as a political party in Nigeria.
A furious Bolaji Abdullahi, spokesman of the party, told his host while appearing as a guest on Monday’s edition of Politics Today, a public affairs programme on Channels Television that the judge of the Abuja Federal High Court who gave the order was actually playing with fire because of the consequences.
Directly accusing him of playing the script of the All Progressives Congress (APC), to ensure that President Bola Tinubu emerged the sole candidate for the 2027 presidential election, the party spokesman, was emphatic that the plan would not work, as head or tail, ADC must be on the ballot in all the elections.
Hear him: “There is a Court of Appeal order saying don’t hear this case until October 27. So, on what basis? You can’t place something on nothing. The Court of Appeal said don’t act on this until I hear it on October 27. So, on what basis did he deliver the judgement
“So, for us in the African Democratic Congress, what we’re convinced and they know is what they have done has no leg to stand on legally. What they want to do is to create doubts in the minds of the people that this ADC has too many legal cases, can we actually run on this? And to distract us. But we’re not distracted.
“We’re very clear. It was in spite of all they have done since ADC came on board that we ran one of the best and one of the most comprehensive direct primaries in the history of democracy in Nigeria. So, we are strong enough to withstand this. And that’s why I’m saying that we are going to contest in 2027. We’re ADC. We don’t buckle before dictatorship.”
Stressing on the implication of the judgement, which also affected Accord Party (AP), Action Peoples Party (APP), Action Alliance (AA), and Zenith Labour Party (ZLP) for allegedly failing to meet constitutional and electoral performance requirements, following a suit by the National Forum of Former Legislators, he said it portended grave danger.
He added: “We are not surprised. We know that the Nigerian people believe that there is a problem with the judiciary, but what we did not expect is the level of judicial rascality that was demonstrated today.
“What we are saying is that we reject it in its totality, and we are saying that the people behind this are playing with fire. Hundreds, if not thousands, have obtained nomination forms and contested elections and emerged as candidates on the platform of the ADC.”
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