Monday 29 September 2014

RIGHTS

A little caveat to begin with: in no way, form or structure is this missive intended as a slight on our admirable police force. Instead, I intend to find out what the law says about parading SUSPECTS to the public. I own a copy of the Nigerian Constitution, but I don't have a law degree. Someone does. Here's the angle of a legal beagle on the conundrum. Have a good read peeps:

"I am an apostle of succinctness, conciseness and clarity of write up or retort as my friend would say, i will practice what i preach. Let me start by saying every Man has legal rights as well as obligations, even animals have theirs. There are rights that stand above ordinary laws of the land and which is said to be an antecedent to the political society itself. These rights are so important that they were obliged a chapter in the Constitution of the Federal Republic of Nigeria 1999 (as amended) this is contained in chapter IV.  According to Salmons, a legal right may be defined as any advantage or benefit conferred upon a person by a rule of law.
The main purpose of these rights is to prevent disorder, breach and to ensure the presence of an outlet for the oppressed to seek redress and fair play in the temple of justice, thereby serving as the remedy against defects of police and those ugly things one finds in the body politic. This in the words of per Unurhoro JSC in Isagba V Ashiedu (1982) NCLR 784.
These rights as contained in the constitution covers all spheres of a purpose driven individual and further provides for it enforceability. These rights ranges from Right to Life, Right to dignity of human person, Right to personal liberty and other constitutional safeguards against arbitrary trial of suspects of crime. (see generally section IV of the constitution, get a constitution if you don't have one).
It must however be said that although these rights are specifically provided for and beautifully made, what comes to play in reality of our present society is the great influence and effects what is referred to as 'Nigerian factor'. This is a Nigerian line of reasoning and notoriety in orientation. As all breathing Nigerians would testify to, this Nigerian factor and mentality has eaten deep into all sectors and systems of the country. The Nigerian police being an important part of the system is alarmingly affected.
Just yesterday, an uncle of mine saw 3 policemen in their uniforms and thought aloud with the expression that the appearances, countenances and demeanour all shows how ill motivated and uninterested they are about the job, it is a job of last resort where no other job offer is present to many. The knowledge and qualifications aside, which i am not saying it is not of importance, one could easily draw a conclusion that they constantly set out to unleash their frustrations on members of the society.
Now to the issue of public parade of arrested person or suspects as criminals. It must be said that there is a difference between an arrested person, suspect and a criminal. One can be arrested for anything as arrest itself doesn't confirm the arrested person guilty or criminal.
In similar vein, suspicion, no matter how serious cannot take the place of evidence or facts and hence suspected persons cannot be convicted on mere suspicion.
However a criminal is someone that has been so adjudged or confirmed guilty of committing a crime by a court of competent jurisdiction. One then seems to wonder if Nigerians and Nigerian police know the difference between these 2 or 3 words as they are constantly abused in their usage.
Why do the police parade arrested persons publicly? In my own opinion which i am entitled to, i think it is a way of creating awareness and possibly notifying the family and friends of arrested persons of such arrest. This could further be to enhance and enable granting of bail "for free" in demanding circumstances. I wonder how unlucky and innocent people have been a victim of these malicious parades.
It is not only wrong to parade arrested persons around streets and town but it is also illegal and unlawful. There is a stipulated method of conducting an identification parade where the need arises. It is shameful to see our Police operate in such level. What happened to their duty to protect rights of members of the society, their " friends"?.
I must say that ignorance kills faster than a bullet in the head, members of the society need be aware of the existence of this right and how they can have it enforced. If individuals who themselves are law abiding stand against the breach of their legal rights, police will be forced to respect them and enforced such right. Why do you think they are petrified of lawyers.
Know your rights and don't die in silence."

->Abdulsalam Abdulateef (Lawyer)

---->>>>Cue (not a lawyer...)

2 comments:

  1. NYC one....now I know my fucking rights...........xcesswag

    ReplyDelete
  2. Nigerian mentality indeed!

    ReplyDelete