Laws are put in place to guide the affairs of citizens in a country. These laws are paramount to ensure management, guided behaviours, conducted actions and safe living. The importance of these laws motivated the establishment of law enforcement agencies to ensure compliance and a safe and secure environment for citizens. However, the actions of these agencies are expected to be within the limits and confines of the law especially when exerting their duties. The law enforcement men regulate the actions of citizens, but who regulates their own actions?
The government was created to protect the rights of their citizens. They set laws to ensure the unalienable rights of man are always protected. The United States declaration of independence comes to mind where it highlights the right to life, liberty, and pursuit of happiness as its mantra. Citizens’ rights are meant to be upheld at all situations, more so by law enforcement agencies for they are the enforcers, the first point of call for citizens in distress, first responders to complaints and they bring to justice law breakers. Sadly, there are cases of inequalities and injustices scattered around the social space with regards to law enforcement agencies carrying out their responsibilities.
A case of disregard for due process as guaranteed by the Nigerian constitution was experienced by one Miss Oluwateniola Omidiji who was arrested on 26th April 2024 and detained for 11 days by the EFCC over a debt of 100 million owed by her mother Mrs Omoniyi Omidiji to one Mr Charles Nwoko. Miss Omidiji’s lawyer requested for the enforcement of her fundamental human rights and the court ordered her release. It is worthy to note that the 19-year-old student filed a case against EFCC requesting for 10 million in compensation for damages as she was arrested in the middle of her exams and detained for days thereby missing her exams.
https://punchng.com/court-frees-students-detained-by-efcc-over-mothers-n100m-debt
It is the duty of law enforcement agencies to safeguard the law and citizens, but they must also ensure enforcement of citizens’ rights while exerting their duties. Absence of due process or legal justification violates fundamental rights and causes serious trauma to those involved. Section 35 of the 1999 constitution guarantees the right to personal liberty and prohibits unlawful detention; Section 36 ensures fair hearing and trial within a reasonable time; and the Administration of criminal justice Act, 2015 regulates arrest, detention, and investigation procedures. It is important for law enforcement agencies to carry out their duties but not at the expense of the rights of those involved.
The 2020 End Sars Movement exposed the injustice of Police brutality meted out to young Nigerians accused or suspected of cybercrime. At that time, it felt like a sin to be a youth in Nigeria. Moreover, Human rights watch in 2005 documented cases of torture and ill treatment by the Nigerian Police and other law enforcement agencies towards suspects including acceptance of forced confessions, failure to be informed of grounds of arrest, absence of legal representation, prolonged pre-trial detention among others. This compels the question raised earlier, who regulates the actions of the law enforcement men?
An unpalatable trending video online showed EFCC agents forcefully entering a room, ransacking it and manhandling a female hotel staff member. This incident happened at a Lagos hotel on June 27th 2024. The staff was seen repeatedly slapped by the operatives who then proceeded to ransack the place. Universities have not been spared raiding either.
The public outrage incited the Chairman of EFCC, Ola Olukayode to release a statement after ordering the arrest of the two officers involved in the assault. Dele Oyewole, the EFCC spokesman said in a statement:
“The Executive Chairman of the Economic and Financial Crime Commission, EFCC, Mr Ola Olukayode, has ordered the arrest of two officers of the commission allegedly involved in the manhandling of a female staff of the Regional Hotel, Ojo, Lagos.”
Note that the statement from the EFCC Chairman does not include the names and pictures of the officers involved in the harassment. If it was the other way round, the story would have been different.
Aside from the EFCC, Vehicle Inspection Officers are other Law Enforcement officers that have been accused of manhandling and violating civil rights during enforcement of laws. In another viral video, VIO officers were seen manhandling a motorist in Abuja. the voices at the background were heard saying:
“Look at, they are violating civil rights, doing rubbish, why will an officer be hitting a civilian? You call yourself law enforcement officers, but you are violating laws.
Video showing VIO officials attacking a driver
In another section of the video
“They will implicate themselves; this is the video we will use to vindicate that man” the watcher said while recording the Officer dragging a vehicle with the owner.
In an interview with Barrister Racheal Shuaibu, a Kaduna based lawyer, she had this to say about law enforcement officers:
“The law does not permit law enforcement officers to oppress citizens, but the law gives them the right to do what is within their control and powers. For example, for the VIO officers to stop a car, they must have reasonable cause to believe that that car is carrying a suspect or that car is at the verge of committing a crime or has just committed a crime. Or if the driver does not have his license or has broken a rule on the road, or if they have reasonable cause to believe that the driver is doing or has done something wrong, then they can stop and search. That is within their powers.
“Even police officers can stop any car on the road and search because it is within their powers, but it shouldn’t be done at the expense of citizens’ rights. It is supposed to be for a reasonable cause. It has become so bad that some law enforcement officers would see a woman with her children in a vehicle on the road, but she would still be stopped and harassed. Now we know that it is hard for a woman with her children to go and commit any crime but because there are no established rules for these laws and their actions are not guided, they do whatever comes to their mind.
“For arresting, the law enforcement officers are allowed to only use reasonable force if the person is resisting arrest. Of if they see that the suspect is about to harm one of them for example, if they are to arrest a suspect and he has a gun on him or a weapon, and they believe the suspect can use such weapon against them, then they can use force, and try to subdue the person before he can use such weapon. They are not supposed to harass civilians or bend their hand either. Most times, the enforcement officers are not to use handcuffs except when the person resists arrest or wants to run. But if the person does not resist the arrest, they should not be cuffed. But then again, there is no proper training of enforcement officers and regulation of their activities, so the enforcer of laws ends up breaking the laws.
“That is why when they know you are aware of your rights, they would not want to do that because they know if you are in your right frame of mind, you can sue them in court, and they would have to pay you a fine if they break any of your fundamental human rights.”
When asked about the level of force to be used, she said:
“There is a level of force allowed for a person. For a man for example, there is a level of force to be used, and for a woman, there is a different level of force. The problem is that the law is a bit vague in that provision because it states reasonable force. And reasonable force is subjective most times because what may be reasonable to me might not be reasonable to you. That is the only vague part of the law and that is the part the enforcement officer’s take advantage of because they say the law permits me to use reasonable force.”
From the submissions of Barrister Racheal, if the suspect is not in possession of any form of weapon and is not resisting arrest, the law enforcement officers are not allowed to use force. Also, if they are to use force, it should be reasonable, within the confines of the law and not at the detriment of the citizens fundamental human rights.
As citizens, it is important we enlighten ourselves about our rights to avoid being victims of law enforcement officers. Important points to note concerning arrests include:
· Arrest must be based on reasonable suspicion or credible evidence
· Arresting officers must identify themselves and inform the person of the reason for arrest
· A person must be taken to a police 1station or court within 24 to 48 hours of arrest
· A person has the right to remain silent and request legal representation
· Unlawful arrest and detention can be challenged through habeas corpus (a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment) or fundamental rights enforcement.
It is the duty of law enforcement officers to enforce the law but they must protect citizens’ rights while expelling their duties. Their actions remind one of the Ku Klux Klan in racist America where the blacks lived in fear of a group of “law enforcers”. There are other silent cases of inequalities, unfairness and injustices experienced by a number of people in the hands of law enforcement agencies. For citizens’ unalienable rights to be protected, the court, the government and even the law enforcement agencies must ensure that citizens’ rights are always protected in all situations. It is not until concerned Nigerians carry placards to protest violation of their rights that actions should be taken. Let the sore be dressed while it is still little before it gets infected.
