The reprehensible attack and dragging on the ground of a Warri-based lawyer, Bernard Oyabevwe once more brings to the fore incessant harassment of lawyers by law enforcement agents in the course of rendering service to their clients. It bears repeating that this has indeed become a major threat to the legal profession. The Police have unfortunately adopted a devil-may-care attitude in their dealings with the citizenry as well as counsel who act for them. Policemen are increasingly preventing lawyers from representing their clients by use of abuses, hostility, intimidation, violence, arrest, detention and arraignment in court on trumped-up charges. Their proclivity for brazen violation of the fundamental rights of Nigerians have taken a frightening turn with the arrest and detention of lawyers who go to act for clients in police stations. This appears to be part of series of acts designed by the police to harass and intimidate lawyers in the lawful exercise of their duties to their clients which started in Onitsha and has moved to Lagos, Abuja, Warri and indeed many cities in Nigeria. One cannot understand the justification for the hostility, intimidation, aggression and violence sometimes meted out by policeman and other security agents to lawyers who intervene on behalf of suspects. Their recklessness is the more frightening in the light of the clear provisions of the Administration of Criminal Justice Act, 2015 which mandates a police officer or the person making the arrest or the police officer in charge of a police station to inform the suspect of his rights to: (a) remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice; (b) consult a legal practitioner of his choice before making, endorsing or writing any statement or answering any question put to him after arrest; and (c) free legal representation by the Legal Aid Council of Nigeria where applicable. Police hostility and sometimes outright violence towards lawyers should call to question the mode of obtaining statements by investigating police officers. The unwillingness and hostility of the police towards lawyers underscores the need for protective devices to make the process of police interrogation conform to the dictates against self-incrimination, torture and coercion. Our courts must as a matter of urgency insist that where an interrogation is conducted and a statement is taken without the presence of a lawyer and without full warnings of constitutional rights, a heavy burden shall rest on the police or requisite investigation agency to demonstrate that the defendant knowingly and intelligently waived his right to counsel. The Bar must also take this as a wake-up call to provide adequate protection of lawyers from job hazards and abuses by insisting on prosecution and discipline of errant officers, naming and shaming affected officers, use of network of volunteer lawyers as a rapid response team, toll-free telephone co-ordination, public enlightenment and public interest litigation etc. NBA must strengthen the Human Rights Committee of NBA by establishing a Human Rights Attorney Support Network which will act as a Rapid Response Team whenever the rights of a lawyer are threatened or being violated. The support network which will consist of lawyers willing to make free legal counsel available to colleagues and Nigerians, who have legitimate cause of action in job related hazards and abuses, will utilize direct intervention, legal representation, advocacy, rights enforcement co-ordination, pursuant of disciplinary action against errant officers, public enlightenment etc. Lawyers will never be cowed. No amount of intimidation, hostility, threat of violence or actual violence will deter us from discharging our duties. A lawyer engaged to represent his/her client is working in his line of duty and should be able to execute his duty without any form of intimidation, threat, harassment, fear and or victimization. The Police must tender an unreserved apology to Bernard as well as numerous other persons who are victims of unlawful acts by security agencies. Legal practitioners must be able to represent their clients without any form of intimidation by law enforcement agents. ENOUGH IS ENOUGH. The Bar cannot afford to keep silent in the face of these unrelenting attacks.]]>
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