Story by Dr. Ohi Akpengbe
No one should be arrested on the basis of a civil dispute or contract breach, Inspector-General (IG) Kayode Egbetokun warned officers and men yesterday.
He urged policemen to comply with Section 32 (2) of the Police Act, which restricts arrests to only criminal offences.The section reads: “A person shall not be arrested merely on a civil wrong or breach of contract.”
IG Egbetokun, along with the Chief of Army Staff (COAS) Lt. Gen. Olufemi Oluyede; Department of State Services (DSS) (SSS) Adeola Ajayi, as well as leading human rights crusaders Femi Falana and Dr. Mike Ozekhome (BOT SANs), were panelists during a plenary session with the sub-theme: “Citizens rights and security concerns” at the Annual General Conference of the Nigerian Bar Association (NBA) in Enugu State.Others on the panel, moderated by former All Progressives Congress (APC) Legal Adviser Babatunde Ogala (SAN), were the Executive Secretary of the National Human Rights Commission NHRC) Dr. Anthony Ojukwu (SAN) and Chairman of the Council of Legal Education (CLE), Chief Emeka Ngige (SAN).
The IG, represented by the Director of Legal Services, Assistant Inspector-General (AIG) Ohiozoba Ehiede, urged citizens to report any police officer who demands “mobilisation” money before investigating a case.
“The Police Act has prohibited the police from arresting any person based on a civil wrong, and we must comply.“The Act also provides that there will be no arrest in lieu of another person. So, you cannot arrest a husband for an offence committed by his wife,” he saidOn demands for money before investigation, the IG said: “The issue of mobilisation is unknown to the Nigeria police.”
The comment generated a huge uproar from the lawyers.The IG said anyone asked to pay before investigation should report to the Police Complaint Response Unit (CRU).“File a complaint if it ever arises,” he said.
Lt. Gen. Oluyede, represented by the GOC, 82 Division, Maj. Gen. O.T. Olatoye, said any Nigerian whose rights is abused by any soldier should call 193 toll free anytime to file a complaint.“We are determined to be accountable in all that we do, and we have accountability mechanisms,” he said.The DSS DG, represented by FCT Director of Security, U. M. Dauda, said the agency will continue to work within the confines of the law.
He, however, said that while security agencies are required to respect rights, there is no absolute freedom anywhere.Ajayi said: “We have a duty to perform on your behalf. Our mandate is exercised on behalf of citizens. Our operatives can make mistakes, and we take responsibility and compensate the victims.”“But there is nowhere you can get absolute freedom, because that will equate to anarchy, where anything goes.
“We all want a secure Nigeria, which faces existential challenges. If you don’t share vital information, security threats will increase. We should all join hands to enhance the security of our country,” he added.Ozekhome said security agencies have violated rights in the name of national security.“What they call national security is actually government security and security of those in power to manage or mismanage our resources.” he said.
He regretted that even lawyers bear the brunt of rights abuses.He recalled when the Economic and Financial Crimes Commission (EFCC) froze his bank account over suspicious transactions.The SAN said he fought the matter, and the Appellate Court held that a lawyer does not need to know the source of his legal fees.
He said it was different from a lawyer knowingly enabling crime.The lawyer urged lawyers to defend themselves against abuses.“If we cannot defend ourselves, how can we defend others? The NBA has been lying down. Let us challenge impunity. Stand up and stand out,” he said.
Falana said the military has abandoned its core duty of defending territorial integrity to dabbling in issues the police ought to handle.“The Army should not get involved in election management,” he said as an example.Ngige urged the Federal Government to explore a political solution in the Nnamdi Kanu case as a way of addressing insecurity in the Southeast.
He noted while the sit-at-home is reducing, courts in Enugu do not sit on Mondays for fear of attacks.“The state government must assure the heads of courts that courts will be secure on Mondays.“I am calling on the Federal Government to resolve the problem politically and release Nnamdi Kanu,” Ngige said.