Checkmating Incessant Attacks On Lawyers By The Police By: Abdulrasheed Ibrahim

The rate at which violent attacks on lawyers by the police is
being reported in the news this time around is becoming too
disturbing and worrisome.

If this attack is not checkmate by those in authorities, lawyers
and policemen may soon be on one another throats. I know for sure
that the police cannot try this kind of thing with the soldiers and
not live to regret it. If the news is not that a police was invited
by a boss to slap a junior lawyer, the news will be that police
dragged some lawyers before a Magistrate for arraignment on false
allegation that the lawyers obstructed the police in the cause of
their duties. There are stories of lawyers who suffered attacks in
the hands of police in the cause of discharging their duties to
clients. These kinds of news are not pleasant to the hearing. The
earlier the NBA leadership takes a bold step to checkmate these
incessant attacks, the better for the profession. If the police are
audacious to unjustly attack lawyers anyhow and go away with that,
then what will be the fate of people who are not lawyers?

The incidents of police attacks are abound. While we are not
trying to relate those incidents here since they are already in the
public domain, our intention is to advise the NBA leadership to
engage the Police Authority with the view to checkmate the
incessant attacks. It needs to be pointed out that most times the
police attacks are bore out of jealousy and hatred for the lawyers
on the one hand and the “attitude of don’t spoil our business”
often display by some policemen especially those of lower ranking.
Majority of the high ranking officers are always very diplomatic in
their relation with lawyers.

When people are arrested and put in the police custody, some
policemen are not usually comfortable when lawyers come in. It is
easier for them to make money from the suspects or their relatives
when lawyers are not involved. Policemen are comfortable dealing
with the relatives of the suspects than their lawyers as the former
will easily play ball with them. Despite the inscription you see in
the police station that BAIL IS FREE, suspects hardly leave their
custody without parting with something. Any suspect or whose lawyer
refuses to play ball may eventually find himself in court for
arraignment .That is to say “if you can settle for police bail, you
will settle for the court bail, it is just as you like it”. We have
had the course in the past to call on the Head of the Police Force
to call his men and women who are misbehaving to order, when Mr.
Ogbonayya Onovo came in as IGP many years back, I wrote, and still
want the present IGP to take note of this that:

“The Nigeria Police Force has been on trial for a very long time
in the sense that it has created more problems for itself than it
can solve. This is not to say that the Nigeria Police have not done
well over the time, the force has indeed done well in one way or
the other but this notwithstanding the fact still remains that the
force is seriously in dare need of a revolution. This is so because
the Nigeria Police Force seems to be breeding more black sheep than
the real officers and men of integrity. One of the tasks before Mr.
Onovo as the IGP must be to device a way of identifying the black
sheep among his officers and men for the appropriate sanction or if
necessary be flushed out of the system . More damage has been done
to the police and the nation by the bad breeds in the police force
by their various acts of transgression which ultimately are
attributed to the Nigeria Police Force.

“The incident that led to the face-off between the Nigerian Bar
Association, Ilorin Branch and the embattled Chief Judge of Kwara
State, Justice Raliat Elelu Habeeb which led to her removal by the
Governor Bukola Saraki of the state has been attributed to the
Nigeria Police. Although a Federal High Court has ordered that the
Chief Judge be reinstated upon her challenge of the removal. While
a Chief Magistrate in Lagos state was said to have been physically
attacked by some men of the Nigeria police for grant bail to an
accused person in the exercised of his judicial duties, Mr. Mike
Igbokwe, a Senior Advocate of Nigeria has gotten a court order
against the police to be paid heavily for an attack against his
person. These are just the tips of the ice barge.”

As the saying goes ,if some policemen continue to behave like a
leopard that will never change its spot, I am of view that one of
the ways to checkmate the incessant attacks is to sue the policemen
involve in such act and as well as join the police authority .By
the time the judgment is gotten against them and their entitlements
with the police are used by the police authority to defray the
judgment debt ,I believe many of them will think twice before
taking law into their hands to perpetrate any act of transgression
against any individual whether lawyer or not .Sanity must be made
to return to the police system and IGP must be made to read the
riot act to his people. In case of ACB Vs. Okonkwo (1997) 1 NWLR
(Pt. 480) , Hon. Justice Niki Tobi as he was strongly observed
that:

“I know of no law which authorizes the police to arrest a mother
for an offence committed or purportedly committed by her son.
Criminal responsibility is personal and cannot be transferred.
While am aware of cases of vicarious liability in criminal law, the
instant case is certainly not one. A police officer who arrest “A”
for the offence committed by “B” should realize that he has acted
against the law, such police officer should be in addition to
liability in civil action be punished by the police authority. As a
matter of fact, it bothers us so much for the police operating the
law of arrest, after three decades of Nigeria’s independence to
arrest and detain innocent citizens of this country for offence
committed by their relations. That is a most uncivilized conduct
and one that any person with a democratic mind should thoroughly
detest and condemn. I detest and condemn the uncouth practice”

It is equally important to advise lawyers and non lawyers to be
diplomatic rather than being arrogant when dealing with the
policemen as there are instances where the act of arrogance have
resulted into people having problems with the police. Lawyers that
are not getting the desired co-operation from the policemen
assigned to handle the cases of their clients for investigations
should request to see the superior officers rather than engaging
the Investigating Police Officers (IPOs) in unnecessary and
fruitless arguments.

I am also of the view that the NBA leadership both at the
national and branch level should reactivate and empower their
various Human Rights Committees to take up the cases of lawyers who
are justly attacked or maltreated by the police.

FAREWELL TO HON. JUSTICE IDRIS LEGBO KUTIGI

On 20th October 2018, Hon. Justice Idris Legbo Kutigi, (GCON),
the 11th Chief Justice of Nigeria took his exit from this world.
His Lordship died in a London hospital at the age 79 about 9 years
after he retired as the Head of the Apex court in Nigeria. The
death of this great jurist has justified the position of the Holy
Quran that “every soul shall have a taste of death” as well as that
of the Holy Bible that “It is ordained for man once to die and then
judgment”. The great lesson from this is that we should all be
conscious of death and that it can come anytime.

To the members of the legal profession, Justice Kutigi did not
need much introduction. Before he was elevated to the High Court of
Niger State as a Judge, he had earlier served as the Attorney
General & Commissioner for Justice of that state. He was elevated
from the Court of Appeal in 1992 to the Supreme Court as a Justice
of that court and he eventually retired as the Chief Justice
Nigeria in 2009. During his reign as CJN, the appointment to the
rank of Senior Advocate of Nigeria (SAN) generated a lot of
controversies among lawyers which made him to suspend the
appointment that year. After his retirement, he was appointed by
President Goodluck Jonathan to chair the National Conference put in
place by that regime.

Justice Kutigi during his judicial service to the nation
delivered several landmark judgments through which he has
immortalized himself in our law and jurisprudence. He will long be
remembered among the jurists who contributed immensely to the
development of law in Nigeria. One of his remarkable pronouncements
contained in the LAW PRACTICE KIT is produced below. We condole
with the family of the late jurist as well as the legal profession
in entity. May Allah accept him and bless his soul. ADIEU, HON.
JUSTICE IDRIS LEGBO KUTIGI!

REMARKABLE PRONOUNCEMENT ON FAILURE TO FOLLOW SUPREME
COURT DECISION

“I however wish to stress the point that the case of Onuoha Vs.
Okafor & Ors. (1983) 14 NSCC 494, was rightly applied to the facts
of this case by the Court of Appeal. It is unfortunate that
although that case was cited to the trial judge, he deliberately
and consciously refused to apply it, because he thought that the
Supreme Court was wrong in its decision in that case. If the
Supreme Court was wrong, he was also wrong not to have followed the
age long established doctrine of stare decisis, otherwise known as
judicial precedent. His action has been variously described as
“gross insubordination”, “judicial rascality”, “reckless”,
“judicial impertinence” amongst others. I think he richly deserved
the description. I have nothing more to add.”

Per KUTIGI, JSC (as he then was) in Dalhatu Vs. Turaki (2003)
FWLR (Pt. 174) Pg. 263 Paras B – D

THE SETTLED PRINCIPLE OF LAW

On when evidence of an accused is contrary to statement given to
the police

“It is settled that when an accused person makes a statement to
police and in his evidence in court gives something contrary to it,
such testimony is usually treated as unreliable and is therefore
ignored. This principle applies to any other witness in a criminal
trial.”

See Oladejo Vs. State (1987) 3 NWLR (Pt. 6) 364, 427; Onubogu
Vs. The State (1974) 9 SC 1; Enitan Vs. State (1986) 3 NWLR (Pt. 3)
Pg. 604 ;NATHANIEL NBENU & ORS Vs. THE STATE (1988) SC Pt. III at
Pg. 82, Lines 14-21

For more Settled Principles of Law and Remarkable Pronouncements
from our Supreme Court Jurists from 1956-2016, obtain or order for
your copies of LAW PRACTICE KIT and LEGAL LUMINARIES. Call or text
08055476823, 08164683735 or email:rasheedibraheem68@yahoo.com. Your
library is incomplete without these books.

28th October 2018

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