Lawyers, The Endangered Species

Toyo Jimmy, Esq. David Amaefula, Esq. and Pius Udo-Inyang, Esq. working with the law firm of Messrs Rickey Tarfa & Co. are currently being detained in the police custody. From the official statement issued by their Branch Bar (Unity Bar), their detention is not unconnected with their performance of legal duties, i.e., accompanying Senator Dino Melaye to police station. Mr. Amaefula and Udo-Inyang are not the only lawyers who have been caught in the unholy nets of police brutality and harassment. Other lawyers have suffered similar fate in recent times. Few examples will suffice. Mr. Dayo Abudu, a Lagos lawyer, was allegedly beaten up by three police officers, his clothes torn, and his phone smashed by the police officials. The story of Chiamaka Nwangwu is not totally different from that of Mr. Abudu. Miss Nwangwu was molested and almost stripped naked by some police officers at the 3-3 Division of the Anambra State Police Command. In Uy0, a young lawyer was severely beaten up and was later detained by the police for taking a picture of his client while in handcuffs. These are just a few examples of numerous police brutalities towards lawyers. The increased incidence of harassment of lawyers by the Nigeria Police Force portends grave danger to Nigeria’s democracy. The logic behind this assertion is that democracy, simply put, denotes freedom, equality, and rule of law. These constitutive elements of democracy are legal in nature, and it therefore follows that democracy depends, wholly or largely, on the legal system. In other words, the legal system and democracy are inseparable from each other. The legal system is principally constituted of lawyers. When lawyers are endangered, the danger inexorably harms democracy. It is on this note that the incessant attacks on lawyers by police officers should be taken seriously by all lovers and beneficiaries of freedom and equality. The attacks, if not countered, may slip Nigeria to anarchy and chaos. Drastic measures should be taken to put an end to this undemocratic trend. There should be a one-day nationwide protest and boycott of court by all lawyers in Nigeria. The protest should be led to all the police headquarters across the 36 states including FCT. This will send a clear signal to the police that lawyers will not condone illegality. Disappointingly, police officers work conjunctively with some lawyers and judicial officers to harass and torment lawyers. For example, it is a judicial officer who refused to grant bail to Mr. Amaefula and Udo-Inyang, but remanded them for an offence which is ordinarily bailable, and which their availability to stand trial was not necessarily in doubt. Disciplinary actions should be meted to such officials in deserving cases. Closely connected with the above point is the need to review remand powers. It appears, with due respect, that some judicial officers employ these powers for punitive purposes. It is submitted that it was never the intendment of the lawmakers for defendants to be remanded indiscriminately. The legal profession is no doubt highly blessed, with lawyers found on the top echelons of government – the Vice President, Deputy Senate President, Speaker of the House of Representative, Ministers, Governors, Speakers of Houses of Assembly, etc. Why do lawyers get harassed without the intervention of these senior lawyers-cum-citizens?  It is high time lawyers in power prevailed on the Nigeria Police Force to stop abusing the rights of lawyers. There appears to be a general consensus that democracy is the best form of government. Nigeria’s decision to adopt this system of government speaks volumes to the validity of this general consensus. Inseparable from democracy is the legal system, and the legal system is principally inhabited by lawyers. Hence, lawyers are critical stakeholders in the sustenance and survival of the Nigeria’s democracy.  There should be a stop to police brutality towards lawyers, and indeed all citizens. The air of freedom (democracy) we enjoy now should not be toyed with because when it shuts down, everyone including its destroyers will asphyxiate. Toyo Jimmy, Esq. is the Secretary of the Young Lawyers Forum, NBA Uyo Branch. The views expressed in the article are personal, and by no means represent the view of the Forum.]]>