By Justice Segun Ojienoh
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Introduction
We join in sending Our condolence to the family of the deceased famed Singer, Ilerioluwa Aloba, popularly known as Mohbad. We pray that His soul rests in peace.
The Nigeria Police Force is not the statutorily competent body to champion the investigation into the death of the late Singer in the circumstances of this case. Crimes or suspicion that one has been committed (except when it is a matter that is directly legislated upon by the National Assembly or a matter on the exclusive legislative list that is essentially) are matters regulated by and under State Law and cannot be taken over directly or indirectly through the general power of the Nigerian Police as contained in Section 214 of the Constitution or the Police Act.
The more specialised and more constitutionally appropriate body to carry out this investigation (or more appropriately called “Inquest”) is the State Government pursuant to Section 4 (6) of the Constitution and pursuant to the Coroner’s System Law passed in 2007 in Lagos State. We also posit that this is the law that squarely covers the field in this case.
From Start-to-Finish this is a case that is fully supposed to be within the purview of the Attorney-General of Lagos State (Including at the inquest stage). It ought not to be a case fronted by the Nigerian Police at all, they can merely be invited when there is need for their contribution or competence.
Inquest should not be termed “investigation” so that the State Government should easily be able to shirk its responsibility. We complain too much that the Federal Government is overburdened and We look the other way when they come out to take more powers that do not belong to them.
The much that the Lagos State Government have been heard to have contributed to this case is the declaration to bring the Department of State Security into the matter – even though it clearly smacks of virtue signaling to an emotionally charged populace, it doesn’t make an illegality legal – the Department of State Services does not have any role whatsoever in this matter, of course when their roles and functions are extremely stretched by their pundits, why not?
Let’s Delve
The Chief Coroner is a Judge of the High Court of Lagos State appointed by the Chief Judge of Lagos State[1] and it is one of its major functions to ensure that an inquest is held whenever it is necessary or desirable to do so[2] and it is His duty to bring the findings to the authorities for further action[3] The Coroner’s District in charge of Ikorodu headed by a magistrate[4]
One of the functions of the chief medical examiner is to establish the cause of death and manner of death of any person referred to him by an order issued by the Coroner[5] the Chief Coroner too has to also write a detailed post-mortem examination report of conclusions, opinions and testimonies to be tendered as evidence in the inquest proceedings.[6]
A death must be reported and post-mortem must be carried out where a death is, amongst many other reasons, stated in the law:
- Sudden and Unexpected[7]
- Violent, unnatural or suspicious
- Due to negligent medical intervention, misconduct or malpractice
In situations of Violent, unnatural or suspicious or medical interventions, Inquest is very compulsory.[8] In other words, the death of Mohbad, being in the least, suspicious is one that must have an inquest compulsorily conducted into.
The Coroner has the power to order that a body that was already buried, where there has not been a compulsory inquest conducted, be exhumed and the inquest conducted and may direct that the body be reburied after such an inquest[9]
It is the Coroner in Charge of Ikorodu Judicial Division that has jurisdiction because the body is found and situate in Ikorodu Judicial division.[10]
The Coroner has the Power of a magistrate meaning that it has extensive powers that a court has with respect to carrying out its work, it can summon and punish with fines or contempt if its orders are not promptly carried out.[11] This makes it a much more effective body than the Police to conduct the investigations into the circumstances surrounding the death of Mohbad because there are clear limitations to the Powers of the Police in this regard.
In fact it is easy to even conclude that the powers of the Court in the Coroner’s case is even more sweeping that that of the regular Court in that the regular rules as it pertains to evidence gathering are suspended for the coroner and it is freer than regular courts, and has more elbow room in its evidence-gathering quests.[12]
Where persons discover the death of a person who they find to be suspicious or they give testimony as pertains to the cause or circumstances of the death of anyone, the law specially goes out of its way to give them extra layer of protection from the Police or any other authority from spurious investigation or persecution[13]
While the inquest is going on or towards the conclusion or at the conclusion of it, if the Coroner is convinced that a clear suspect is emerging or has emerged the coroner can order for the arrest of such a person to forestall the person from escaping the arms of the law[14]
At the Conclusion of the inquisition of both the body and all the other evidence, the Coroner is compelled to do a full report of his finding and forward same to the Commissioner of Justice, the Chief Coroner, the Chief Medical Officer and the DPO.[15]
It should also be specially noted that the inquest can be held in private without the need for the public to see all that is going on. The inquest can also be held on public holidays.[16] There have not been anything in any reportage that shows that the Government is conducting any inquisition in private in this matter – there is clearly also no public need for this to happen in camera as we have seen the Lagos State Government, in recent times, rent the airwaves with cases of similar nature and character, the Chidinma and Chrisland school cases refer.
The Public relations office of the Nigerian Police has raced out today again to say that they have concluded the examination of the body of the late Mohbad. We reiterate that it is not theirs to do. We should tone down on unconstitutionality and lawlessness. The Nigeria Police should stop rushing to the media to tell Us that the Attorney-General of Lagos State is not competent.
Justice Segun Ojienoh works for Eko Solicitors and Advocates and can be reached by email via: ojienohjustice@gmail.com
[1] See Section 2 of the Law
[2] See Section 3(e) of the Law
[3] See Section 3(f) of the Law
[4] See Section 4, 5 and 6 of the Law generally.
[5] See Section 10(b)
[6] See Section 10 (c), Kindly not that these functions can also be carried out by the District Medical Examiner pursuant to Section 12 of the Law
[7] See Section 14 (b),(d),(h)
[8] See Section 15 (1) and (4) of the Law
[9] See Section 17 of the Law
[10] See Section 20 of the Law
[11] See Section 32 og the Law
[12] See Section 34 of the Law
[13] See Sections 24 and 37 of the Law
[14] See Section 39
[15] See Sections 40 and 41 of the Law.
[16] See Section 46 of the Law.
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