Court berates Police for Seeking to Arrest Son In Place of Mother

In his judgment delivered on 14th March, 2018 the Judge held that criminal liability in Nigeria is personal and not transferable and therefore, it is unlawful for the police to arrest or seek to arrest a family member in place of another family member. The Judge held further that the police as an institution should have the professional competence to carry out forensic investigation for purpose of arresting all such persons suspected to have committed any offence rather than embark on the short cut of arresting a family member to serve as bait for the emergence of the suspected felon. The judge therefore awarded damages in the sum of Two Hundred Thousand Naira against the police. The said judgment was made in Suit No: FHC/UY/CS/158/2017 wherein Mr. Idorenyin Joseph Okpon sued the Commissioner of Police, Akwa Ibom State Command, the Assistant Inspector General of Police, Zone 6, Calabar, Inspector General of Police and Mr. Loveday, the Divisional Police Officer of Ikot Abasi Local Government Area of Akwa Ibom State. Responding to the judgment, counsel for the applicant, Mr. Ekemini Udim appreciated the court for a judgment well delivered. The suit was filed on the 14th day of November, 2017 with the following reliefs and grounds: (1) A DECLARATION that the invasion of the Applicant’s shop located at No. 2, Ikot Akan Junction in Ikot Abasi Local Government Area of Akwa Ibom State by armed policemen on Thursday the 9th day of November, 2017 with intent to arrest the Applicant in lieu of his mother is an action likely to contravene the Applicant’s fundamental rights to freedom of movement and personal liberty respectively guaranteed under Section 41 and 35 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and therefore unlawful. (2) A DECLARATION that the invasion of the Applicant’s dwelling house located at Ikot Akan/Uyo Road (after Suntus Filling Station) in Ikot Abasi Local Government Area of Akwa Ibom State by armed policemen from Ikot Abasi Police Station on Friday the 10th day of November, 2017 at about 3:00 am, by jumping into the compound through the fence with intent to arrest the Applicant in place of his mother is an action likely to contravene the Applicant’s fundamental rights to freedom of movement and personal liberty respectively guaranteed under Section 41 and 35 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and therefore unlawful. (3) A DECLARATION that the Applicant is entitled to his personal liberty and freedom of movement and therefore cannot be arrested and or threatened to be arrested in place of his mother. (4) AN ORDER OF INJUNCTION restraining the Respondents, their agents, representatives, officers, privies and servants from further threatening the arrest of the applicant, or invading the Applicant’s home or business premises or calling him for the purpose of arresting him as bait for the arrest of his mother. (4) N5 Million Naira as damages/compensation. Grounds upon which the reliefs are sought: (1) The Applicant was in his shop at the above mentioned address on Thursday the 9th day of November, 2017 when he witnessed the invasion of his shop by armed policemen from the Ikot Abasi Divisional Police Station in Ikot Abasi Local Government Area of Akwa Ibom State. (2) The policemen were fully armed and ready for a spoil with the Applicant. (3) It took the grace of God to for the Applicants to escape through the exit door of his shop and run for his dear life having sensed danger from the way and manner the armed policemen invaded his shop. (4) The Applicant was pursued by the armed policemen who shouted at the top of their voices that the Applicant should produce his mother or risk being shot. (5) While running for his dear life, the Applicant sustained serious injuries especially on his legs. (6) On Friday, the 10th day of November, 2017 at about 3:00 am Applicant’s dwelling house located at Ikot Akan/Uyo Road (after Suntus Filling Station) in Ikot Abasi Local Government Area of Akwa Ibom State was also invaded by the same policemen from the Ikot Abasi Police Station at about 3:00 am, by jumping into the compound through the fence with intent to arrest the Applicant in place of his mother. (7) The attempt to arrest the Applicant in place of his mother is an action most likely to violate the Applicant’s fundamental rights to personal liberty and freedom of movement respectively guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and therefore unlawful. (8) It is ultra vires the powers of the police to arrest anybody in place of another as criminal liability in Nigeria is personal and not transferable. (9) Applicant cannot be arrested or threatened to be arrested over whatever allegation there may be against his mother. (10) The Applicant is distinct in legal personality from his mother and lives separately from his mother who lives in Uyo. (11) The Applicant is entitled to the protection of his fundamental rights to personal liberty and freedom of movement and should not be frightened or molested by the police. Arguing the application, Ekemini Udim, counsel for the applicant submitted that the general duties/powers of the police are as contained in section 4 of the Police Act, Laws of the Federation, 2004. This ranges from prevention of crime, detection of crime, apprehension of offenders, preservation of law and order, protection of life and property, to enforcement of laws and regulations. He argued that the arrest of a Nigerian citizen in place of another is not included in the express provisions of the Police Act. He employed the Latin maxim, Expressio unius est exclusio alterius and submitted that the express mention of one thing is the express exclusion of another. He referred the court to the case of Luna v. Commissioner of Police, Rivers State Police Command in Appeal No. CA/PH/216/2004 (cited with approval by Nwosu-Iheme, JCA in the recent case of Etim Ukata v. Pastor Ime Akpanowo (2016) LPELR – 41249 at pages 10-11, paras. C-D) where it was held that: ‘’Notwithstanding the powers of the police as spelt out in Section 4 and 24 of the Police Act, where the power is improperly used, the court can stop the use of the power for that improper purpose as that will no longer be covered by Section 35 (1) (c) of the Constitution.’’ He prayed the Court to intervene and protect the fundamental rights of the Applicant from being crushed with the use of police might. He therefore submitted in conclusion that that it is ultra vires the powers of the police to seek to arrest a son in lieu of the mother and that same is repugnant to natural justice and good conscience. That the court of law is well positioned and emboldened in law to intervene and abate the infringement of an applicant’s fundamental rights. That the applicant is entitled to damages/compensation in line with the provision of the constitution. It has sadly become a recurring decimal in Nigeria today for policemen to arrest family members, friends, associates and colleagues of a suspected felon to put pressure on the suspected felon and force him to submit himself to the police. Such persons so arrested by the police could be detained for as long as the police may decide until such time when the suspected felon is ready to submit himself to the police. Legal analysts have described this practice as an aberration and the above judgment of the court serves a latest voice from the bench condemning in its entirety the unfathomable practice of the Nigerian police. ]]>