It is now crystal clear, especially for those who invested so
much hope and aspirations in the so-called Transformation Agenda of
the incumbent Inspector-General of Police, Ibrahim Kpotun Idris,
that they have lost their investment. For want of a better
expression, the Police remains its same old self—truculent,
repressive, dictatorial and above all, lawless.
In Nigeria today, the rule of law is increasingly under attack.
In simple term, the law has two qualities; its “spirit”, and its
“letter”. The spirit of the law infers that administration of law
is about redressing unjust situations. It has long since been
declared dead in Nigeria. In saner climes when people commence
litigation their objective is to seek justice.
Back home in Nigeria, the reverse seems to be the case. Our
Courts are increasingly used to frustrate justice. As for the
letter of the law, Nigerian lawyers continuously seek ways in which
to twist the meaning of very simple words to ensure that cases drag
on for years and guilty persons go free. The legendary Lord Denning
warned about allowing people to… “use the law to escape justice!”
Nigeria has graduated from the indiscipline of the 1980’s to
lawlessness. Lawlessness isn’t the absence of laws, but rather a
disrespect for them and the inability to enforce them.
This disrespect for rule of law and the courts has just
manifested itself in the recent judgment given by Justice Gabriel
Kolawole of the Federal High Court, Abuja on Thursday, 9th
November, 2017, in the case between the Peace Corps of Nigeria VS
the Nigeria Police and others. In the aforementioned judgment,
Justice Kolawole specifically held that the Police and other
security agencies involved in the invasion of the PCN office were
reckless in their action and acted outside their statutory
powers.
Consequently, he ordered the Police, being the ‘’Chief
Antagonist’’ to immediately unseal the Corporate Headquarters of
the Corps and pay N12.5million damages to the officials of the PCN,
who were unlawfully arrested, brutalized and illegally
detained.
Instead of respecting the valid court order by peacefully
vacating the Corporate Headquarters of the PCN, which it illegally
sealed off since Tuesday, 28thFebruary, 2017, the Police, in its
characteristic arrogant and intransigent manner, flagrantly
disobeyed the court order. The Police, which claimed that it was
still studying the judgment and awaiting further directives from
the Office of the National Security Adviser (NSA), also said that
its earlier action against the Corps was at the instance of the
NSA. Imagine the cheekiness! Can this kind of thing happen in any
part of the civilized society?
Even when some concerned Nigerians under the umbrella of
Coalition of Civil Society Organizations for Justice and Equity
(CCSO-JE) led by the President of Lawyers Integrity Crusade
Network, Barr. Edward Omaga, decided to further the cause of
justice through enforcement of the Order by mobilizing journalists,
staff and well wishers of the Corps to make the Police see reason
why the office should be vacated on Thursday, 16th November 2017,
the Police rather became aggressive as over one hundred more
policemen were mobilized to completely take over the office. What
manner of country is this?
In a country where there is respect for constitutionality and
rule of law, a Valid Court Order like the one given by Justice
Kolawole for the reopening of the PCN office will be clinically
executed and not toyed with in such a cavalier manner that the
Police have done. This high level of impunity that the Police have
displayed is a direct affront on the culture of integrity that
President Muhammadu Buhari’s administration is instilling in the
governance of the nation, which if not nipped in the bud, has all
the potentials of further smearing our country’s image in the
comity of nations.
This explains why the President, through the office of the
Attorney-General and Minister of Justice should urgently wade into
this budding crisis by ordering the Inspector-General of Police to
withdraw his men from premises of the office of the PCN. The great
works that the President has done in the last two years to burnish
Nigeria’s image internationally must not be allowed to be rubbished
by the selfishness of the leadership of this foremost law-breaking
(sorry, law-enforcement) agency. The notoriety of the Police in
abusing the fundamental human rights of the citizenry which has
flourished over the years must be halted forthwith.
It would be recalled that the Corps had won several cases
against the police in the past. They include: Suit NO:
FHC/ABJ/CS/231/2010; Suit NO: FHA/ABJ/CS/481/2012, which was
delivered on 22nd April, 2012; Suit NO: FHC/ABJ/CS/613/07 and a
report of Police Investigation into the activities of the Corps
dated 25th April 2008, which exonerated the Corps of any criminal
activity.
In the aforementioned police report titled: RE: REQUEST FOR
POLICE CLEARANCE/EXTRACT OF INVESTIGATION REPORT ref no CR:
3000/FHQ/ABJ/VOL.66/85 dated 25th April 2008, which emanated from
the Office of the IGP, the Police said: ‘’Discreet police inquiries
conducted on the activities of the PCN (formerly known as
International Peace Corps), among other things, to ascertain the
legality of its existence, its activities and motives, objectives
of its formation as well as the identity of its promoters did not
reveal any negative motive or threat to security.
‘’Since its 11years of existence (1993-2004), it has operated in
twenty-six (26) states and the FCT. From available records, the
Corps as an entity has not been involved in any shady deals or any
anti-social or subversive activities that constituted security
threat.’’ This investigation was conducted at the instance of the
then President Olusegun Obasanjo GCFR..
Similarly, the Independent Corrupt Practices and other Related
Offences Commission (ICPC), while exonerating the PCN of
allegations of extortion of money from applicants said in its
report dated9thJuly, 2015 and signed by Adedayo A. Kayode (HOD
Investigation) thus:
‘’The Commission investigated a case bordering on the violation
of the Corrupt Practices and other Related Offenses Act 2000. The
Peace Corps of Nigeria was alleged to ‘’extort’’ the sum of N40,000
from every potential member into the Corps. However, after a
thorough investigation by the Commission, this allegation has been
proven to be false as this amount collected by the Corps represents
a subsidized rate for enlisted members for the provision of
complete uniform kits and the payment is voluntary.’’
For an organization like the PCN that has rule of law as the
fulcrum of its existence to be so wantonly abused and humiliated by
an agencies of the government without fear of any repercussive
consequences baffles all right thinking Nigerians.. The Corps, just
like the erudite Justice Kolawole said in his ruling, has not
committed any infraction against the laws of the land to warrant
such a cavalier treatment. We are not in a banana republic, where
the rule of the jungle reigns supreme. As a law-enforcement agency,
the primary responsibility of the Police anywhere in the world is
to ensure that the laws of the land are not infringed upon. But it
is rather sad to note that the Nigeria Police has long departed
from such well respected established norms and embraced the crude
policy of reckless violation of the same laws it is expected to
enforce. The time for President Muhammadu Buhari to tame the
seemingly lawless Nigeria Police is now if his enviable record as
the most democracy-friendly President is to be sustained. Let the
PCN office be unsealed without further delay.
Ochela, a former newspaper editor and media consultant,
wrote in from Abuja
It is now crystal clear, especially for those who invested so
much hope and aspirations in the so-called Transformation Agenda of
the incumbent Inspector-General of Police, Ibrahim Kpotun Idris,
that they have lost their investment. For want of a better
expression, the Police remains its same old self—truculent,
repressive, dictatorial and above all, lawless.
In Nigeria today, the rule of law is increasingly under attack.
In simple term, the law has two qualities; its “spirit”, and its
“letter”. The spirit of the law infers that administration of law
is about redressing unjust situations. It has long since been
declared dead in Nigeria. In saner climes when people commence
litigation their objective is to seek justice.
Back home in Nigeria, the reverse seems to be the case. Our
Courts are increasingly used to frustrate justice. As for the
letter of the law, Nigerian lawyers continuously seek ways in which
to twist the meaning of very simple words to ensure that cases drag
on for years and guilty persons go free. The legendary Lord Denning
warned about allowing people to… “use the law to escape justice!”
Nigeria has graduated from the indiscipline of the 1980’s to
lawlessness. Lawlessness isn’t the absence of laws, but rather a
disrespect for them and the inability to enforce them.
This disrespect for rule of law and the courts has just
manifested itself in the recent judgment given by Justice Gabriel
Kolawole of the Federal High Court, Abuja on Thursday, 9th
November, 2017, in the case between the Peace Corps of Nigeria VS
the Nigeria Police and others. In the aforementioned judgment,
Justice Kolawole specifically held that the Police and other
security agencies involved in the invasion of the PCN office were
reckless in their action and acted outside their statutory
powers.
Consequently, he ordered the Police, being the ‘’Chief
Antagonist’’ to immediately unseal the Corporate Headquarters of
the Corps and pay N12.5million damages to the officials of the PCN,
who were unlawfully arrested, brutalized and illegally
detained.
Instead of respecting the valid court order by peacefully
vacating the Corporate Headquarters of the PCN, which it illegally
sealed off since Tuesday, 28thFebruary, 2017, the Police, in its
characteristic arrogant and intransigent manner, flagrantly
disobeyed the court order. The Police, which claimed that it was
still studying the judgment and awaiting further directives from
the Office of the National Security Adviser (NSA), also said that
its earlier action against the Corps was at the instance of the
NSA. Imagine the cheekiness! Can this kind of thing happen in any
part of the civilized society?
Even when some concerned Nigerians under the umbrella of
Coalition of Civil Society Organizations for Justice and Equity
(CCSO-JE) led by the President of Lawyers Integrity Crusade
Network, Barr. Edward Omaga, decided to further the cause of
justice through enforcement of the Order by mobilizing journalists,
staff and well wishers of the Corps to make the Police see reason
why the office should be vacated on Thursday, 16th November 2017,
the Police rather became aggressive as over one hundred more
policemen were mobilized to completely take over the office. What
manner of country is this?
In a country where there is respect for constitutionality and
rule of law, a Valid Court Order like the one given by Justice
Kolawole for the reopening of the PCN office will be clinically
executed and not toyed with in such a cavalier manner that the
Police have done. This high level of impunity that the Police have
displayed is a direct affront on the culture of integrity that
President Muhammadu Buhari’s administration is instilling in the
governance of the nation, which if not nipped in the bud, has all
the potentials of further smearing our country’s image in the
comity of nations.
This explains why the President, through the office of the
Attorney-General and Minister of Justice should urgently wade into
this budding crisis by ordering the Inspector-General of Police to
withdraw his men from premises of the office of the PCN. The great
works that the President has done in the last two years to burnish
Nigeria’s image internationally must not be allowed to be rubbished
by the selfishness of the leadership of this foremost law-breaking
(sorry, law-enforcement) agency. The notoriety of the Police in
abusing the fundamental human rights of the citizenry which has
flourished over the years must be halted forthwith.
It would be recalled that the Corps had won several cases
against the police in the past. They include: Suit NO:
FHC/ABJ/CS/231/2010; Suit NO: FHA/ABJ/CS/481/2012, which was
delivered on 22nd April, 2012; Suit NO: FHC/ABJ/CS/613/07 and a
report of Police Investigation into the activities of the Corps
dated 25th April 2008, which exonerated the Corps of any criminal
activity.
In the aforementioned police report titled: RE: REQUEST FOR
POLICE CLEARANCE/EXTRACT OF INVESTIGATION REPORT ref no CR:
3000/FHQ/ABJ/VOL.66/85 dated 25th April 2008, which emanated from
the Office of the IGP, the Police said: ‘’Discreet police inquiries
conducted on the activities of the PCN (formerly known as
International Peace Corps), among other things, to ascertain the
legality of its existence, its activities and motives, objectives
of its formation as well as the identity of its promoters did not
reveal any negative motive or threat to security.
‘’Since its 11years of existence (1993-2004), it has operated in
twenty-six (26) states and the FCT. From available records, the
Corps as an entity has not been involved in any shady deals or any
anti-social or subversive activities that constituted security
threat.’’ This investigation was conducted at the instance of the
then President Olusegun Obasanjo GCFR..
Similarly, the Independent Corrupt Practices and other Related
Offences Commission (ICPC), while exonerating the PCN of
allegations of extortion of money from applicants said in its
report dated9thJuly, 2015 and signed by Adedayo A. Kayode (HOD
Investigation) thus:
‘’The Commission investigated a case bordering on the violation
of the Corrupt Practices and other Related Offenses Act 2000. The
Peace Corps of Nigeria was alleged to ‘’extort’’ the sum of N40,000
from every potential member into the Corps. However, after a
thorough investigation by the Commission, this allegation has been
proven to be false as this amount collected by the Corps represents
a subsidized rate for enlisted members for the provision of
complete uniform kits and the payment is voluntary.’’
For an organization like the PCN that has rule of law as the
fulcrum of its existence to be so wantonly abused and humiliated by
an agencies of the government without fear of any repercussive
consequences baffles all right thinking Nigerians.. The Corps, just
like the erudite Justice Kolawole said in his ruling, has not
committed any infraction against the laws of the land to warrant
such a cavalier treatment. We are not in a banana republic, where
the rule of the jungle reigns supreme. As a law-enforcement agency,
the primary responsibility of the Police anywhere in the world is
to ensure that the laws of the land are not infringed upon. But it
is rather sad to note that the Nigeria Police has long departed
from such well respected established norms and embraced the crude
policy of reckless violation of the same laws it is expected to
enforce. The time for President Muhammadu Buhari to tame the
seemingly lawless Nigeria Police is now if his enviable record as
the most democracy-friendly President is to be sustained. Let the
PCN office be unsealed without further delay.
Ochela, a former newspaper editor and media consultant,
wrote in from Abuja
Read more https://www.nairalaw.com/peace-corps-why-agf-should-compel-police-to-obey-court-order/