By Kunle Edun
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The news stream was agog with the news of the arrest of private security guards in Lagos on the 2nd of January, 2022, by the Commissioner of Police, Lagos State, Mr. Hakeem Odumosu. According to a press release said to have been issued by the Lagos State Police Command Public Relations Officer, CSP Adekunle Ajisebutu, “all appeals to the security men to allow the CP go (sic) to see someone (no name provided) at a function (no information about the kind of function) where an urgent matter bordering on security was to be discussed fell on deaf ears even when they had foreknowledge of his coming (no information about who had foreknowledge of his coming)…..The CP after about 30 minutes humiliation ordered the arrest of four of the security men…”
The estate executives also issued a press release and denied the allegations of the Lagos State Police Command. The estate executives confirmed that there were social events going on in the estate that day and that no one had any foreknowledge of the CP’s impending arrival. The estate also alleged that the CP ordered the arrest of a widow and her three young children who were unfortunate to be at the scene.
Section 12(1) of the Administration of Criminal Justice Act, 2015 provides that “Where a person or police officer acting under a warrant of arrest or otherwise having authority to arrest, has reason to believe that the suspects to be arrested has entered into or is within any house or place, the person residing in or being in charge of the house or place shall, on demand by the police officer or person acting for the police officer, allow him free access to the house or place and afford all reasonable facilities to search the house or place for the suspect sought to be arrested.”
Section 12(2) of the ACJA further provides that “Where access to a house or place cannot be obtained under subsection (1) of this section, the person or police officer may enter the house or place and search it for the suspect to be arrested, and in order to effect an entrance into the house or place, may break open any outer or inner door or window of any house or place, whether that of the suspect sought to be arrested or any other person or otherwise effect entry into such house or place, if after notification of his authority and purpose, and demand of admittance duly made, he cannot obtain admittance.”The Nigeria Police Act, 2020 contains similar provisions.
The press release of the Police PRO, Lagos State Command, did not state that the CP and his retinue of heavily armed men were at the estate to effect the arrest of any person or search any house in the estate. They also did not produce any arrest or search warrant. The name and address of the person they wanted to see “where an urgent matter bordering on security was to be discussed” was never disclosed to the estate security guards. The estate did not report any security breach to the police that would necessitate the invitation of police officers. Attending social events is not part of the official functions of any police officer. The estate was a private estate and subject to laws of Nigeria and Lagos State; it has the right to put in place its own private security protocols, and therefore regulate entry and movement within the estate. There is no law that authorises any police officer free access to any private property except for the purpose of arrest of a suspect or to conduct a search, and such information must first be disclosed to the owner or person in charge of the property or place. This, the Lagos State Commissioner of Police, CP Odumosu, failed to do.
As said by foremost human rights activist, Femi Falana SAN on this incident “if the FG/LASG had provided adequate security in the State would the rich who live in estates have engaged the services of private security personnel? If criminals have not been posing as military or police officers in order to gain entry into estates to rob residents of their properties would the security guards have subjected the CP to any scrutiny?”
The CP having failed to comply with the provisions of the law that he was employed to enforce lacked the authority to order the arrest of the security guards or any other person because of the “humiliation” he allegedly suffered as a result of the “delay” in granting him access. That is an abuse of the power of his office. As a matter of law his forcible entry into the estate without proper authority could be said to be illegal and trespassory and the estate may wish to exercise their rights and seek for legal remedies. No police officer is above the law. They are also subject to the same laws as the citizens of the Federal Republic.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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