10.11.2020 ALAWYER weekly pullout

President Inspector Muhammadu General of Police, Buhari Mohammed Adamu

Olawale Prof Etannibi Dr. Benson Fapohunda Alemika Olugbuo

Danladi Kemi Okechukwu Plang Okenyodo Nwanguma

Innocent Chukwuma Police Reforms: A Holistic Approach 2/DASHBOARD 10.11.2020

Effect of Blood Relationship of Pros- ecution Witness and

10.11.2020 ALAWYER weekly pullout Victim

President Inspector Muhammadu General of Police, PAGE 4 Buhari Mohammed Adamu

#ENDSARS: IBAHRI

Olawale Prof Etannibi Dr. Benson Fapohunda Alemika Olugbuo Urges Buhari to Investigate Deaths and Violence Amid Security Danladi Kemi Okechukwu Plang Okenyodo Nwanguma Forces Crackdown PAGE 5

Innocent Chukwuma Police Reforms: A Lagos Attorney- Holistic Approach General Directs Release of 253 Quotables Persons Arrested by ‘I pledge to be a President who seeks not to divide, but unify; who sees not red States or Police blue States, only sees the United States.’ - PAGE 5 Joseph R. Biden, President-Elect, United States of America #ENDSARS Pro- test: A Peep into 'We have to rejig our representation in the United the Intervention States. It was a little bit awkward, to send an 83 year old man, as Nigerian Ambassador to of the Judiciary the United States.... We need more vibrant, more intellectually endowed and agile foreign in Cases of Police policy decision makers.....’ - Professor Akin Brutality Oyebode, Professor of International Law and Jurisprudence, former Vice Chancellor, Ekiti State University PAGE 7 10.11.2020 /3

Like Trump, Like Nigerian Politicians And...... The Lagos Courts: Picking the Pieces

Gratitude urgency, dealing with the Covid-19 pandemic. released, as he had said he would even before It has been four truly wonderful and tremendously the election took place, because as a Narcissist, fulfilling years of both learning and imparting The ‘A Team’ defeat is unthinkable and unacceptable, since he knowledge as the Editor of this esteemed Publica- This time around, Trump faced very stiff op- erroneously believes that he is 'best thing after tion, This Day Lawyer; and I thank my dear position from the Biden/Harris ticket, in terms sliced bread'; everybody wants him except the Chairman, Prince Nduka Obaigbena (Publisher!) of the fact that it is an ‘A team’. For those who haters, and he could not possibly have been rejected for recognising my journalistic abilities long before are racist and sexist and wanted a White male for Biden! Or, alternatively, was the expression I myself knew I had them in me. I also thank my President, like President Trump, Biden is a White of his intention to go to court before the election, Managing Director, Eniola Bello, still my critic male (though not a racist). For the women and an indirect admission/recognition by Trump after four years; his comments are always spot racial minorities, Harris is female and mixed race. that he’s not as popular as he believes he is? on; my Deputy Editor, Jude Igbanoi - patient, In short, they tick all the boxes. I remember when In fact, many Americans believe that Trump is kind, dutiful and hard working, humorous, with Clinton ran against President Obama to clinch the undermining their democracy, just because the the best ideas in the world - together, we make democratic ticket, the disgusting KKK (Ku Klux election did not go his way. He seems to have an excellent team (even if I say so myself) - Jude, Klan) white supremacist group, openly declared learnt a lot from Nigerian Politicians! thank you; and to our Photo Correspondent, that they preferred “a Nigger to a Bitch” (their Be that as it may, it was a very close race; and Kolawole Alli, who never fails to rise to the oc- horrible derogatory words, not mine), that is, they though more people registered and voted in the casion, no matter how short the notice is; Adajò, would rather have an African American man as 2020 election more so than 2016 - an indication of and my ‘Junior Editor’ - for being my sounding President, than a woman. Special congratulations their dissatisfaction with Trump’s administration boards whenever I call on you to be - thank go to Senator Harris (also a Lawyer), for being and desire to vote him out of office, nevertheless, “.....many Americans you. Akinwale Akintunde, our beloved Judicial the first woman ever to attain the position of the race showed that whatever he may be or Correspondent who went to be with the Lord Vice President, in the history of the United States may have done, Trump still has a huge following believe that Trump earlier this year, we love you, but God loves of America. amongst his people. you more - Requiescet in pace. Amen. To our I wish the ‘A team’ the best of luck, going is undermining their columnists, I express my gratitude, especially Politicians and Election Petition Tribunals forward, and hope that Nigeria will be able to to Chief Mike Ozekhome, SAN, who has never I had written that: "The most important lesson reap some benefits from this new administra- democracy, just because failed to deliver his column since he started with that I learnt from the 2016 US election, and tion, especially since many Nigerians supported us. And, to our readers - Justices, Judges, my indeed, Hillary Clinton, and I think all Nigerian them. Many complained that President Obama the election did not go learned colleagues and non-Lawyers, I thank you Politicians should take a leaf from her book, is, did nothing for Nigeria, not even so much as a all - your readership and comments encourages be graceful and maintain your dignity, even in visit when he came to Africa, in spite of the fact his way. He seems to have us and spurs us on to do better. Thank you all. defeat. ‘ye lò court lo jo jumò’ (Stop going to that we rooted for him. If the only thing that court incessantly). Why is it that every Politician Biden’s administration does is to assist us in learnt a lot from Nigerian ‘We’re Gonna America Great Again!’ that loses an election is at the Election Tribunal, vanquishing the Boko Haram insurgents totally Around this time in 2016, just about a month even when the matter is frivolous and lacks any and not just technically (as the Nigerian Army/ Politicians!” after I assumed the position of Editor, the race for merit?" Government have been claiming), so that life in who would succeed President Barack Obama had I certainly do not deny the fact that Section 6 the North East can return to normal, and assist already been concluded, and millions of people, of our Constitution (the 1999 Constitution of the us to rescue those who still remain in captivity including my humble self, had been extremely Federal Republic of Nigeria, as amended) allows like the Chibok girls and Leah Sharibu, we will disappointed that Senator Hillary Clinton had us to ventilate all our grievances in the courts be grateful. narrowly lost that election to President Donald (except those contained in Chapter 2 of the same Constitution), but, in law, we have what is called Destruction of the Lagos Courts and the Trump. have to be started de novo (from the beginning), "We’re "frivolous and vexatious matters, abuse of court Consequences In my piece of November 15, 2016: even if they were at judgement stage, because Gonna Make America Great Again", process", and many of the election petitions we Back to Nigeria! I have received several calls from I the Judges’ records of proceedings would not expressed my disappointment that Clinton had see fall into this category (bad losers), possibly people and clients, enquiring about what will like President Trump's election petitions, which happen to their ongoing matters as a result of the have been duplicated into the system, and will lost the election to Trump, not just because she therefore, be unavailable. is a womanlike myself, but because she was/ are probably nothing more than an indication of destruction of the courts by miscreants following his bad game spirit and false sense of invincibility. the #ENDSARS Protests. For those matters that Another complication will be that of the destruc- is eminently qualified for the job, more so than tion of exhibits. While certified true copies of Trump. In fact, I felt that out of all the 2016 Despite the fact that many were disenfranchised are still in the pre-trial stage, theirs is easier. The during the 2016 US Presidential election, like in Chief Judge of Lagos State, Honourable Justice some exhibits can be obtained, some may be hopefuls, she was probably the most qualified unique and irreplaceable. Luckily, Section 97(1) - aside from being a Yale trained Lawyer, she Durham County, North Carolina where at least Kazeem Alogba, has called on Counsel to make 40% of the population which comprises of African available, copies of all the processes which they (c) of the Evidence Act 2011 (EA) provides that has a wealth of experience in governance, and secondary evidence (defined in Section 95 of the carries herself with the sense of dignity that is Americans who would probably have voted for have filed in their various matters. Clinton, could not vote; thousands of voters were EA to include certified and photographic copies) expected of the President of the USA, or any may be given where the original is destroyed President for that matter, quite the opposite of also illegally removed from the voters list; Russia For those that are part-heard, however, it is was accused of election malpractice on behalf more complex. If the proceedings have been or lost. But, what if the exhibits are items, not narcissistic Trump, who behaves like a spoilt replaceable documents? What about the issue child and a vicious bully. of Trump - Hillary Clinton did not go to court, uploaded into the Judicial Information System even though she had ample grounds to do so. (JIS) by the Court Registrars, then they should of witnesses who may have died after giving Narcissism is a personality disorder in which "a evidence in matters in which the court proceedings person has an inflated sense of self-importance". At the time, Trump who had mentioned that not be too difficult to reproduce, and once there the American electoral system was flawed (just is a venue for the courts to sit, the matters may were not uploaded to the JIS, whose testimony The symptoms of this disorder include "an excessive can therefore not be retrieved? And Section 77 need for admiration, disregard for others' feelings, in case he lost the election it seems), went silent be able to continue; the same applies to pre-trial on that issue when everything worked out in matters - once the existing court processes have of the EA provides that oral evidence must be an inability to handle any criticism and a sense direct. What will happen? of entitlement". All these symptoms are evident his favour, and he was declared the winner of been made available and there’s a venue, they the election. should be able to continue. Also unfortunate, is the burning of the Lagos in President Trump's behaviour; and while those DNA Forensic Laboratory. Are we going to return who suffer from Narcissism can be treated to an This time around however, President Trump However, if the proceedings have not been rushed to court before the final results were uploaded into the JIS, part-heard matters may to sending samples abroad for DNA analysis, extent, the illness is mostly incurable! further slowing down the wheels of justice in Hillary Clinton said during her election campaign: Lagos? "A clear choice in this election. A choice The consequences of the wanton destruction between division and unity.....between strong of the courts in a system that has already been steady leadership or a loose canon who could adjudged to be clogged and slow, is disastrous, to put everything at risk.....". How right she was. put it mildly. Cases that have lingered for years, Trump is indeed, a loose canon. Even though he will drag on for even more years. A younger didn't make America great again, nor beautiful as colleague was telling me how happy he is because he had once boasted that he would, but instead, he was able to get a Decree Absolute for his amongst his many other wrongdoings, he enabled client a few days before the court burnt down; the racist white supremacists to take America that even though he was unable to get a certified back to almost pre-1960's. We must thank God, copy of the actual Decree, the divorce has been that he did not start World War III, with his finalised. Sadly, many of us Lawyers were not recklessness. that fortunate, in our own matters! However, there may still be a positive side to the Trump administration exposing the continued Dear Editor existence of racism and allowing it to thrive - it showed the extent to which it still very much exists Dear Editor, in America. Without the nonchalant, lackadaisical, permissive and even encouraging attitude to Re: #ENDSARS Protests: The Warning This racism, its deep-rooted and deep-seated existence Time in American institutions, including the Police, may not have come to the fore as it has done over A word indeed, is enough for the wise!! I can say the past four years of Trump; and it is obvious no more but to commend you for this courageous that, President-elect Joseph R. Biden and the Vice advisory to power. I just sincerely pray it’s not President-elect Senator Kamala Harris, certainly too late! The hound has tasted blood... have their work cut out for them, as far as this evil, racism, is concerned, and as a matter of The ‘A Team’, USA President-Elect and Vice President-Elect, Joe Biden and Kamala Harris A.A.R 4/law report Effect of Blood Relationship of Prosecution Witness and Victim

they are members of the deceased’s family, but that Facts the way they gave evidence portrayed their bitterness against the Appellant. On 31st May, 2007, the Appellant and a certain Tela alias On the alleged contradiction concerning the name of Buba allegedly went to the house of one Bello Alaidi PW5, counsel clarified that PW5 had explained during (deceased) and attacked him, cutting him with a machete trial that the surname in her extra-judicial statement was to death. While the attack was ongoing, the other members her father’s name. Regarding the supposed contradiction of the deceased’s household heard him scream, and they as to when the crime occurred, the Respondent’s counsel went to the scene of the crime. Subsequently, the incident stated that for any contradiction to be material and was reported to the Police, and the deceased’s wife, son, fundamental so as to affect the reliability of a witness’ sister and mother made extra-judicial statements at the evidence, it must strike at the root of the charge, and Police station. The Appellant was later arrested, while non-recollection of dates or time would not amount his co-accused, Tela, ran away. The Appellant informed to contradiction in the circumstances of this case. He the Police that he was not at the deceased’s house on cited the case of ADONIKE v STATE (2015) LRCN 31st May, 2007; he insisted that he was in his own house. (Vol.242) 1. He argued further that the contention that the Consequent upon the incident, the Appellant and the prosecution withheld PW5’s statement was speculative, co-accused (who was at large), were charged before the and it was an invitation for the court to go outside the High Court of Taraba State for the offences of criminal record. conspiracy and culpable homicide punishable with death. On the second issue, Counsel for the Appellant contended At trial, the prosecution called the deceased’s wife, son, that the Appellant timeously raised the defence of alibi, sister (the Appellant’s former wife) and mother as wit- but the Police refused to investigate same. He therefore, nesses - PW1, PW2, PW4 and PW5 respectively, while argued that although the general principle is that where the Appellant testified for himself and called two other the accused is fixed to the scene of the crime, there is witnesses. The trial court found the Appellant guilty, no need to investigate the defence of alibi, the Supreme convicted him, and sentenced him to death by hanging. Court in the case of SANI v STATE (2015) 6-7 S.C. Dissatisfied, the Appellant appealed to the Court of (Pt.II) 1, however, held that the failure to conduct Appeal. The Court of Appeal faulted the trial court’s Honourable Amina Adamu Augie, JSC investigation created serious lapses in the conduct of reliance on some documents which were admitted for prosecuting a case. Consequently, counsel urged the identification purpose. The appellate court also held that court to set aside the conviction of the Appellant and from the evidence of PW1, PW2 and PW4, the depth sentence. Responding, counsel argued on behalf of of their bitterness for the Appellant could be felt, and the Respondent that where there is sufficient evidence therefore, the trial court ought to have been wary in In the Supreme Court of Nigeria to fix an accused at the scene of the crime when the receiving their testimonies. Nonetheless, the court held Holden at Abuja offence was committed, there is no need for the Police that the testimony of PW5, who was an eyewitness, was On Friday, the 22nd day of May, 2020 to investigate alibi. He cited the case of ADEWUNMI sufficient to secure the conviction of the Appellant. The v STATE (2016) LRCN (Vol. 257) 122. Court of Appeal therefore, dismissed the appeal, and this Before Their Lordships led to a further appeal to the Supreme Court. Olabode Rhodes-Vivour Kudirat Motonmori Olatokunbo Kekere-Ekun Court’s Judgement and Rationale Determining the first issue, the Supreme Court held that Issues for Determination John Inyang Okoro Chima Centus Nweze the fact that there is a blood relationship between The following issues were considered for determination a victim and the prosecution witness, is not suf- of the appeal: Amina Adamu Augie Justices, Supreme Court ficient in itself, to make him a tainted witness, SC.155/2015 whose evidence is unreliable, unless corroborated 1. Whether the Court of Appeal was right when it - OMOTOLA v STATE (2009) 7 NWLR (1139) 148. affirmed the conviction of the Appellant by the trial Between Their Lordships held that the Court of Appeal did not court solely on the basis of the evidence of PW5, who find the testimony of PW1, PW2 and PW4 unreliable allegedly saw the Appellant at the scene of the crime. Alhaji Taudo Idi … … … Appellant because they are blood relations of the deceased, but And that it re-examined the evidence on record and found 2. Whether the Court of Appeal was right when it valid reasons to disregard their evidence, and because affirmed the conviction of the Appellant, after holding The State… ……… Respondent of the depth of their bitterness against the Appellant. that the Appellant had raised the defence of alibi and The lower court however, believed and accepted PW5’s the Police had not investigated the alibi. (Lead Judgement delivered by Honourable Amina Adamu Augie, JSC) account of the incident. On the Appellant’s contention that PW5’s testimony Arguments has material contradictions such as the difference in her On the first issue, the Counsel for the Appellant contended real name and the name on her extra-judicial statement, that the Court of Appeal affirmed the testimony of PW5 the Supreme Court found that both names refer to one (the deceased’s mother), after it faulted the trial court’s and the same person. Regarding the issue about PW5’s reliance on documents tendered for identification purpose first extra-judicial statement, which the Appellant alleged only, and it cautioned that the trial court ought to have testimony unreliable unless LRCN 16. Further, the was withheld by the prosecution; the Supreme Court been wary of the evidence of the deceased’s relatives, who the bitterness is manifest Respondent’s counsel held that parties and the court are bound by the it held were unreliable and whose testimonies portrayed in the evidence of such a submitted that the Court record of the court. The court found that the said their grouse against the Appellant. Counsel submitted witness, and it affects his of Appeal did not reject the extra-judicial statement was not in the record of on this issue, that the Court of Appeal overlooked the credibility - ASUQUO v testimonies of PW1, PW2 the court; therefore, the court cannot go outside its uncertainties in the evidence of PW5, such as the name STATE (2016) Vol. 257 and PW4 simply because record to fish for evidence. on her extra-judicial statement and her real name, and In respect of the Appellant’s contention that the crime the time the crime occurred. He stated further that, PW5’s occurred inside the Appellant’s room and PW5 could statement showed that it was a second statement to a not have seen the Appellant, the Apex Court found that first statement which the prosecution had withheld, nothing in PW5’s testimony indicated that crime occurred and therefore, PW5’s evidence was unreliable, in that in the deceased’s room. Their Lordships concluded that the presumption that could be drawn, is that PW5 did the lower courts had found that the evidence of PW5 was not fix the Appellant at the scene of the crime in her first credible enough to sustain the Appellant’s conviction, extra-judicial statement. Counsel argued further that the and the Appellant had failed to prove that her evidence deceased was killed in his room, and there was no way is unreliable. PW5 could have sighted the Appellant. He relied on In relation to the second issue, it was held that PW5, the case of STATE v AZEEZ (2008) 14 NWLR (Pt. who was an eye witness, overwhelmingly demolished 1108) 43 in contending that where the prosecution’s the Appellant’s defence of alibi, and there was no need evidence is contradictory on a material point, the court “The fact that there is a for the Police to investigate same. should give the benefit of doubt to the accused person. blood relationship between He cited the case of STATE v AJAYI (2016) All FWLR Appeal Dismissed. (Pt. 854) 1838 on the point that it is better for ten guilty a victim and the prosecution persons to be set free, than for one innocent person to Representation be convicted for an offence not likely committed by him. witness, is not sufficient in Dr. Hassan M. Liman, SAN with M.B. Usman, Y.D. In response, the Respondent’s counsel argued that the Dangana., Amanzi F. Amani, and Faith Opeoluwa prosecution proved its case beyond reasonable doubt, by Obayomi for the Appellant. eyewitness account of the crime. He posited that proof itself, to make the witness beyond reasonable doubt is not a function of the number a tainted witness, whose Hamidu Audu (DPP Taraba State) with E.T. Aderifun of witnesses, as the evidence of a single witness, if believed (SC, MOJ, Taraba State) for the Respondent. by the court, is sufficient to ground a conviction. Counsel evidence is unreliable, also contended that the mere fact that a witness is a Reported by Optimum Publishers Limited, Publishers relation of either the victim or the accused or the accused unless corroborated” of the Nigerian Monthly Law Reports (NMLR) person’s mortal enemy, would not by itself render his 10.11.2020 news/5 #ENDSARS: IBAHRI Urges Buhari to Investigate Deaths and Violence Amid Security Forces Crackdown

The International Bar As- into reports of extrajudicial at least 12 protesters are away by men in military sociation (IBA) and the killings and brutality meted reported to have died, and uniforms, and that dead International Bar Associa- out by the country’s security many to have been severely bodies were removed from tion’s Human Rights Institute services against protestors. injured, in what has been the scene. The Nigerian (IBAHRI), has called on Presi- Nobody is above the law. dubbed the ‘Lekki Massacre’. authorities have reportedly dent Buhari’s Government The right to protest peace- The current death toll is denied there were fatalities, to establish an immediate fully belongs to citizens of reported to stand at more with the Army denying independent investigation, democratic nations across the than 60 people, since the start responsibility, stating the into the alleged killings by globe, and must be upheld”. of the protests on 8 October, soldiers were not present security forces of protestors Widespread protests have 2020. According to eyewit- at the scene, and labelling calling for good governance ensued, as tension between ness reports, on 20 October, videos of uniformed men and an end to police brutality civilians and security forces 2020, Nigerian Military and opening fire on demonstra- in Nigeria. In addition, the has grown as revelations of Policemen from the Rapid tors as ‘fake news’. IBA and IBAHRI condemn years of unchecked violence Response Squad (RRS) firstly The reported killings have the security forces’ excessive – including alleged killings, removed the cameras from been strongly condemned by and disproportionate use of rape, torture and extortion – the Lekki tollgate, where the African Union, United force and live ammunition, by the Special Anti-Robbery protesters had been camped Nations Secretary General, to disperse protestors. Squad (SARS), have come for two weeks, switched off Antonio Guterres, and the IBA President, Horacio into sharper focus. The the street lights and then UN High Commissioner for Bernardes Neto said: “We call Nigerian Government had opened fire on thousands Human Rights, Michelle on President Muhammadu declared a 24-hour curfew in of peaceful demonstrators, Bachelet, who described Buhari to ensure Nigeria’s some States on the evening of without warning. Addition- the reported events as a government instigates an Tuesday 20 October, that was ally, witnesses reported that “premeditated, planned urgent independent inves- largely defied by protesters. ambulances called to assist and co-ordinated” attack tigation, without impunity, At Lekki Tollgate in Lagos, the wounded were turned on peaceful protesters. IBA Director, Dr Mark Ellis, stated: “At a time of global rejection of excessive Lagos Attorney-General and lethal policing methods, the situation in Nigeria is Horacio Bernardes Neto especially disturbing. The Directs Release of 253 security forces of any na- compensation for the families on Nigeria to uphold its tion are meant to protect of the deceased; psychological international obligations, Persons Arrested by Police civilians, not terrorise them. evaluations and retraining of including its citizens’ rights The wanton infringement of all disbanded SARS officers, to security, dignity, freedom ...To Prosecute 92 for Arson, Stealing, Murder, Others international standards, in- prior to being redeployed; of expression and peaceful cluding the Basic Principles and an increase in Police assembly, as provided under 253 persons arrested by the Monday 9th November, 2020. on the Use of Force and salary, so they are sufficiently Article 21 of the International Police for criminal offences in “Out of the 361 persons, the Firearms by Law Enforce- compensated for protecting Covenant on Civil and Politi- connection to the #ENDSARS Director of Public Prosecutions ment Officials, must cease. the lives and property of cal Rights. Further, we call for protest in Lagos State are to shall be prosecuting 92 persons It is essential that the rule of citizens, without resorting an immediate, independent be released immediately, for for different offences, ranging law be exercised by bringing to bribes and extortion. and transparent investigation non-disclosure of a prima facie from arson, stealing, breaking perpetrators to justice and IBAHRI Co-Chair and into the killings, and for the case against them by the Police. into buildings, armed robbery setting a new precedent of immediate past Secretary- perpetrators to be held to In a Statement released by the and murder, while the Office police accountability, in General of the Swedish Bar account. Culprits guilty of Office of Lagos State Attorney- has advised that 253 persons Association, Anne Ramberg crimes against civilians must General and Commissioner for order to secure the rights be released forthwith, for non- of civilians”. Dr Jur hc, commented: “It is be brought to justice, and the Justice, the Attorney-General disclosure of a prima facie case. explained that the Nigeria Protestors have demanded imperative that the Nigerian underlying issue of persistent In the meantime, two case authorities engage with the violations by security forces Police forwarded 40 case files files in respect of 16 persons the immediate release of all in respect of the 361 persons have been advised for further arrested protesters; justice will of the people in their and army personnel, must arrested for criminal offences investigation by the Police”. for all deceased victims call for Police reform and be dealt with urgently and in connection with the #END- The Statement further assured of brutality; appropriate rights’ protection. We call decisively”. SARS protests to the Directorate the Public: “that the Office of of Public Prosecution for Legal Lagos State Attorney-General the Attorney-General of Lagos Advice, between 4th and 5th and Commissioner for Justice State, will ensure that those of November, 2020. Moyosore Onigbanjo, SAN arrested by the Police are CBN’s Gross Abuse of its According to the Statement: treated in accordance with due “Legal Advice has been issued process of law, while it remains in respect of all the 40 case Advice in respect of 81 persons Regulatory Powers that are being charged to the committed to maintaining the files received, and as at 6th rule of law, and ensuring peace November, 2020, the Directorate various courts, while others Access to Justice (A2J) has A2J also stated that the CBN has been able to dispatch Legal will be dispatched to court on and order in the State”. denounced the actions of has no power under the law, the Central Bank of Nigeria, to act as a criminal agency and expressed dismay by the or law enforcement arm of RULAAC Condemns Use of Live order given by Hon. Justice the government. That if any Ahmed Mohammed, to freeze crime is alleged to have been the bank accounts linked to committed by the protesters Bullets on Peaceful Protesters in Abuja #ENDSARS Protesters. using their banking accounts, In a release, A2J said: “The a report of the alleged crime(s) Rule of Law and Account- by regional and international freezing of accounts linked should have been made to a ability Advocacy Centre human rights instruments to #ENDSARS Protesters duly established law enforce- (RULAAC) has received that Nigeria subscribes to. began well before the court ment agency, for investigation; troubling information that By using State violence to issued its order, specifically such agency could then take Police operatives shot live repress freedoms, the Nigerian in October 2020, at the time any action relevant to the bullets at peaceful protest- government is violating its the #ENDSARS protests investigation, including ap- ers recently in front of the obligation to give vent to were taking place, and were plying for a court order to National Assembly, Abuja the exercise and enjoyment adjudged relatively peaceful. CBN Governor, Godwin Emefiele freeze accounts. A2J further and arrested five persons, of human rights by citizens, The CBN reportedly ordered stated that, by directing that including a Sahara Reporters and to respect and protect commercial banks and pay- concerned about the growing the accounts be frozen in the reporter, who was covering citizens' fundamental rights. ment platforms, to freeze erosion of the CBN’s indepen- absence of a criminal complaint, accounts linked to persons dence and political neutrality. the CBN, which has no direct the protest. Under no circumstances, can The CBN is transforming into In a statement by its Execu- government curtail human associated with the protests. relationship with the account Following up its actions after- a partisan political organ of the holders, usurped the powers tive Director, Mr. Okechukwu rights except as prescribed wards by seeking a court order, government, and putting its of law enforcement authorities, Nwaguma, RULAAC said by law. shows that the CBN knew it vast regulatory powers into and illegally made itself the “If Police officers will con- Executive Director, RULAAC, RULAAC calls on the was acting illegally when it illicit partisan political uses, accuser, investigator and pros- tinue to use live bullets to Mr Okechukwu Nwaguma Federal Government to give directed commercial banks to for the purpose of suppress- ecutor; and in so doing, acted disperse peaceful protests, it a directive to the Inspector freeze the aforesaid accounts, ing the legitimate exercise of well outside the perimeters clearly shows that no lessons kill and add to the growing General of Police, to ensure but went ahead anyway to constitutional rights of freedom of its statutory powers. A2J have been learnt from the number of unresolved extra- respect and protection of the do so. Court orders do not of speech and expression. This accused the CBN Governor #ENDSARS protests, and the judicial killings by security rights and dignity of citizens, have a retrospective effect, is appalling for a Central Bank, of taking the Bank down a events following it. The use forces in Nigeria. that no more life must be lost, therefore, the CBN’s prior for many reasons”, including very contagious, perilous, slope, of lethal force on peaceful and “Peaceful protests are legiti- and that those responsible for actions were wholly unlawful the fact that the CBN arguably while expressing dismay that unarmed protesters is illegal, mate means of exercise of free- the excessive use of force to and unconstitutional”. has no legal powers to direct the the court’s order was made disproportionate, unprofes- dom of expression, guaranteed repress peaceful protests, are A2J continued its statement, freezing of accounts of anyone, ex-parte, in other words, sional and a premeditation to by Nigeria's Constitution, and brought to book”. saying: “This organisation is on account of a civil protest. without hearing the other side. 6/ 10.11.2020

Engaging all the Voices in Your Law Firm

Today’s column was to probe Law Firm’s Critical Growth In good economic times engagement is the difference Metrics (“CGM”), but, in the light of the current developments between good and great, while in bad economic times, in our Nation-State, decided to take a moment. The drums engagement is the difference between sinking and having are beating loudly with renewed zeal and unimagined gusto, your people behind you in order to thrive. There are studies calling for change in our clime, it is only the deaf and insensitive that show that very few percentage of employees are fully that will not dance positively to its beats. Doubtless, the engaged in most firms - in 2012, Gallup did a research, it tune of the drum always changes the atmosphere – it can took them a year and a half to compile the results, they make the atmosphere moist with expectations, rupturing examined 260 research studies, covering over 49,000 business a mischievous silence. It can be a clarion call for positive units, at 192 organisations, spanning over 34 Countries. renaissance for the “better.” Calling attention to a catalogue The findings were released in March 2013, showing that of issues and challenges besetting a people; and capturing a whopping 70% of employees were either not engaged the present or imminent danger which the issues poses or actively disengaged. How do we create the conditions if continually ignored. It can be a summons to battle, to for engagement - the working and cultural conditions shake yourself from the guilt of inertia. As implied by the in which employees are recognised and valued and feel idiom of the drum, it is figurative for vehemence, energy challenged by their work? Engagement has to be seen as and enthusiasm in drawing attention to a cause better not a business driver, as a leadership challenge to take onboard ignored. The drum is symbolic of the voice of people. Let us and as part of the overall strategic planning process. It is a together, probe how we engage the voices in our law firms. subject that the British Government took seriously enough Do all the voices in your law firm matter? Is the right to to commission a study on in 2008. As part of the Country’s expression certain for everyone – or selective? Yes, certain effort to navigate a period of economic downturn, Rt Hon for some more than for others but are you silencing the Lord Mandelson, British Secretary of State for Business, voices of dissent in your law firm? Are you inadvertently Innovation and Skills asked David MacLeod and Nita Clarke encouraging a culture of silence? two business and employee engagement gurus, to do a study Typically, law firms are made up of several blocs – Partners, on employee engagement and report how it can positively Seniors, Juniors, Business Professional Staff, Support/Admin Nigerian Lawyers impact British business competitiveness and performance Staff, etc. Different generations - traditionalists or the silent globally. Lord Mandelson wanted evidence to illustrate that generation, baby boomers, generation X, generation Y or ment has been defined in studies, as a workplace approach organisations or Nations that truly engage and inspire their millennials, generation Z. The configuration and the mode resulting in the right conditions for all members of a firm people, produce outstanding levels of innovation, productivity of expression of these blocs or generations, are different. to give their best each day, committed to their firm’s goals and performance. The study was to promote how much a Are their expressions being encouraged or suppressed? and values, motivated to contribute to the firm’s success, greater understanding of employee engagement can help Thomas Reid (1710–1796), a Scottish philosopher made with an enhanced sense of their own well-being. Employee shape the way leaders and managers in both the private and popular the maxim, “a chain is as strong as the weakest engagement is about being included fully as a member public sectors think about the people who work for them. link.” which first appeared in his “Essays on the Intellectual of the team, and being given a voice to offer ideas and For instance, do your people feel victimised in the throes of Powers of Man,” published in 1786; the full idiom being express views that are taken account of, as decisions are the Covid-19 pandemic and resultant economic meltdown, “a chain is no stronger than its weakest link.” The moral made. Employee engagement is based on trust, integrity, or do they see future opportunities as they are made to is that the overall strength of a chain is not the strength of two way commitment and communication between a feel part of the solution? Employee engagement is about the strongest link, or even of the average link. The overall firm and its members. It is an approach that increases the drawing out a deeper commitment from our employees. strength of a chain is the strength of the weakest link. If just chances of business success, contributing to firm’s and one link is weak, the chain will break. Processes, organisa- individual performance, productivity and well-being. It Sòrò Soke tions, communities and Nations are vulnerable, because the can be measured on a scale from poor to great. It can be There is a dignity you offer a man, a personhood you deliver weakest person or part can always damage or break them. nurtured and intensified; it can be lost or discarded. In essence, to him when you give him his right of expression, when Incidentally, Thomas Reid was the founder of the Scottish people engagement embodies the right conditions under you let him know his voice matters. There is a richness it School of Common Sense, and he played an integral role which employees make an emotionally based choice to be brings to the discourse. I grew up loving a good debate. in the Scottish Enlightenment. And this Scottish axiom does loyal to your firm. Yes emotional – it has been argued that, And practicing before the mirror how to sòrò soke. Even makes uncommon sense, teaching us that every part of the humans are more emotional than logical beings. Employees now, I still practice because it does not come easy to me. whole matters. The biblical nuance of this truth is rendered demonstrate engagement through a positive expenditure of The fierce Syrian Army Commander Naaman, was cured of as – “Nay, much more those members of the body which their discretionary energy and a clear commitment to the his leprosy, because an inconsequential slave girl to Madam seem to be feebler are necessary.” Communicated in colloquial firm’s vision, strategies and goals when on and off duty. Naaman Sòrò Soke and Naaman listened. When voices English - “On the contrary, those parts of the body that are Engaged employees provide greater productivity and in- are silenced, when you gag your employees, you deprive weaker are indispensable;” or “On the contrary, the parts novation with higher levels of performance, and are less your organisation of the essence of their contribution. They of the body that seem to be less important, turn out to be likely to be drawn away by bigger salaries or better working still give, but not the whole of themselves, not the best all the more necessary.” conditions. Work place management needs to be improved, of themselves. If they continually keep mum and are not and people engagement remains a differentiator. engaged or encouraged to sòrò soke, you shove them over People Engagement and the Bottom line this precarious precipice where they eventually exit, or spill Who is responsible for your law firm’s revenue or turnover? into stagnation or create anarchy within your ranks. Sòrò To answer that question, we must ask an antecedent question. soke does not have to be a battle cry. Who in your firm can influence the firm’s bottom line, for The millennials and the centennials of our fatherland. All better or for worse? The Managing Partner? the Equity they ever wanted was to be heard; to lend their voices for Partners? The HODs or the Lawyers? The COO or Practice a better and humane society where governance will be for Administrator, the Finance Director, Accountant or the Ac- the good of the governed. Millennials are self-confident, counts teams? These roles, though extremely important, do go-getters, and achievement oriented. They also have high not encompass the entire value chain of a law firm. The list expectations, and are not afraid to question authority. The has alienated certain vital blocs within the law firm – the millennials and the centennials of our fatherland. They wanted Para-legal or litigation clerks, the librarian, front desk, tea to amplify an issue, one of the many issues that has bedevilled lady, security personnel, etc. It is fundamentally within the a Nation and held it spell bound for too long; their voices, capacity of every member of your law firm, to either improve reminiscing the pogrom of many voiceless’. They wanted or erode the firm's bottom line. Every member of the firm “Employee engagement is to exercise the right to air their grievances, to vent, to be needs to be thoroughly engaged to understand their stake taken seriously. All they wanted was assurance that they in the value chain, and how they contribute to the food based on trust, integrity, matter in this Equation called Nigeria – I mean the Law chain. It is a fact that from c-suites to grassroots, anyone Firm. Nigeria is a multinational State, inhabited by more within the firm can thwart the bottom line of the firm. two way commitment and than 250 ethnic groups speaking 500 distinct languages, I had an argument recently about the word, “inclusion” all identifying with a wide variety of cultures. To lead, with Kemi Ajayi of Banwo & Ighodalo and Nnenna Agu of communication between a how can you not learn the fine art of good listening and Streamsowers & Kohn. At the end, “inclusion and exclusion” engagement? The millennials and the centennials of our became a bit clearer to me. The best leaders break silos firm and its members. It is an fatherland. They were hoping for meaningful engagements and aim to bring in as many people as possible into their that will culminate in the total good of the collective. Instead circle of influence – in sync with the firm’s vision. So, to approach that increases the the reverse happened on 20.10.2020. This should serve as a improve the bottom line, we must constantly ensure that chances of business success, valuable reference material to all when we are tempted to you have the right people in the right positions, and that silence the voice of dissent, and not engage all the voices they are provided with the right development and with contributing to firm’s and of your law firm. And, as their voices were silenced, I am high levels of engagement, so that they are not constantly reminded of John Donne’s - “Any man's death diminishes looking out – it is even worse when employees stay put, individual performance, me, because I am involved in mankind, and therefore, but do not put in the necessary energy or commitment. never send to know for whom the bells tolls; it tolls for What is, “employee engagement?” Employee engage- productivity and well-being” thee”. 10.11.2020 /7 #ENDSARS: Judicial Intervention in Cases of Police Brutality This article by Raymond Nkannebe chronicles some cases of Police brutality going as far back as 1973, evincing the fact that this problem did not just start in recent times with the Special Anti-Robbery Squad (SARS), but is a malaise that has plagued us for many years; culminating in the #ENDSARS Protest, which was simply an expression of years of accumulated grievances against the Police by citizens, especially the Youths

In Agbo v State (2004) LPELR-7388 (CA), we find Introduction the same trend. Here, the Appellant was a young Police constable of about 24 years. Following a short argument with In the last few weeks, Nigerian youths filtered into the streets the deceased, he pulled out a Beretta pistol loaded with seven of at least 26 State capitals of the Federation, in condemnation rounds of ammunition he was carrying and pumped it into of the history of Police brutality in Nigeria. And, there is his victim, who died at the spot. What was the sin of the nothing to suggest they are stopping soon. deceased? He had stopped almost in the middle of the road, In Rivers State, the youths, defied a ban on protests by to unload some passengers he was carrying in a Peugeot 504. the State Government and took over major roads in the State The prosecution having made a clean sweep of its case, the capital until the Governor himself, who had placed the ban, intermediate appellate Court endorsed his conviction and had to come out to address them. Also in the Federal Capital sentencing by the lower Court, while dismissing his rehearsed Territory, a similar scene played out. A ban against protests defence of accidental discharge. A familiar refrain. announced by the Abuja Federal Authorities on 15th October, In Okonkwo v Ezeonu & Ors (2017) LPELR-42785 was roundly disobeyed. As a matter of fact, the youths, took (CA) the Court of Appeal condemned the attitude of the things to a different dimension as they blocked the popular Police vis-à-vis the fundamental right to dignity of persons in Airport road, leading to the cancellation of so many pre- their custody, describing it as barbaric and unconstitutional. In scheduled flights due to traffic gridlock. that case the Appellant who had been unlawfully arrested by In a sense, those two incidents sum up the anger and the 3rd and 4th Respondents (Police officers), was detained frustration of the Nigerian youths, against the epidemic of for eleven days without trial at the instigation of the 1st and Police brutality that they had been subjected to for too long. 2nd Respondents. He was tortured and brutalised, following Interestingly, the menace of Police brutality has received ad which he filed a fundamental right action for the breach of nauseam, the intervention and condemnation of the Nigerian his fundamental right. Having failed at the lower Court, his courts in a long league of cases. appeal was allowed by the appellate Court which mulcted Whether in aiding and abetting crime against their the Respondents in costs and damages for their egregious constitutional mandates; or the elevation of abuse of the conduct. fundamental right of dignity of citizens to State craft by their In recent years, the use of Police officers as debt recovery modus operandi; or in their being used to settle otherwise agents, and their undue meddling in otherwise civil relations civil disputes by unscrupulous members of the society, and between individuals and/or corporate organisations, have more, our adversarial jurisprudence is rich with chilling cases Inspector General of Police, Mohammed Adamu also earned the rebuke of the courts. In the very recent case of the professional malfeasance of personnel of the police of Kure v COP (2020) LPELR-49378 (SC), the Apex force, and the condemnation of the intermediate appellate Police officers across Police formations in the country, to line Court decried the disturbing practice thus: court and the Apex Court in tow. “As I went through the facts of this case, I was wondering In this season of global attention to the notoriety of the their pockets while intimidating suspects under investigation. Elsewhere, the proximate facts of Ibikunle v The State how a purely civil matter could easily metamorphose Nigeria Police, it is sufficient to highlight some of the diverse and transubstantiate into a purely criminal case. The end interventions of the judiciary against the menace, with a view (2007) LPELR-8068 (SC) are not completely out of the known pattern of Police notoriety. There, the Appellant who result now, is that the Appellant has suffered irreparable to giving more ideological rigour to the agitations of the damage, disgrace, shame, odiousness and untold hard- youths who were out there on the streets. had gone to effect the arrest of a suspect, ended up killing the suspect, only to find out afterwards, that he had killed ship in the hands of the Police that is constitutionally and legally saddled with the prosecution of criminal A Trip through the Cases the wrong man. His defence, as usual, was that he did not shoot to kill. It bears stating that he had forced himself into offences. The Police have muzzled the rights and freedom In Njovens & Ors v State (1973) LPELR-2042 (SC), the of Nigerians, even where cases are clearly outside their facts of which are mindboggling, the four Appellants were the the apartment of the victim who had refused to open the door for whatever reason, but met his untimely death at the jurisdiction, power or corridor….if this is not tackled, Defendants at the trial court arraigned before Adesiyun J. in everybody would have suffered in the merciless hands the High Court of Ilorin, Kwara State on a nine count charge hands of the trigger happy Police sergeant who clearly was baying for blood. Their lordships of the Apex Court would of the Police, who has become a law unto itself in this bordering on conspiracy to abet and abetting the commission country”. of crime. The long and short of the case is that, one Felix have no qualms in affirming his conviction and death by hanging, by the lower courts. Now, the above dictum of Abba Aji, JSC, pretty sums Dumeh and other criminals, robbed the then Barclays Bank up the notoriety of the Police, particularly in the context of Nig Ltd. Ilorin branch a total of Thirty-Five Thousand Pounds the ongoing protests, as the protesters have continued to on the 13th day of April, 1971, and promised the sum of five chronicle cases of police officers encroaching into the personal thousand Pounds to the Appellants who were Police officers affairs of private citizens, and in the process, harassing and in consideration of concealing the robbery, and which they abbreviating their rights as citizens. received. After a protracted trial that eventually got to the Yet, all the above decisions are only but a footnote in Supreme Court, the Court acquitted them on counts 3-9, but the compendium of cases of judicial intervention in Nigeria, affirmed their conviction and sentence on counts one and for which space constraints would not allow us to explore. two, for aiding and abetting the robbery of the bank. Suffice to state however, that the judiciary has had its own If the circumstances of the Njovens case are not chilling faire share of the protests against Police brutality through enough, the conduct of the Police officers in Oyakhire v The the leaves of our law reports. State (2006) 15 NWLR (Pt.1000) 157 are particularly disturbing. The Appellant, and his co-accused, a constable, Conclusion did not only rob and murder their victims. They also set This intervention will be incomplete, without mentioning the the bus in which they were travelling, ablaze. In venting its infamous #ApoSix case. A case so emblematic of the Police spleen and condemning the conduct of the Appellant after menace in Police, involving the murder of six young civilians affirming his conviction and sentence, the Apex Court roared: “This intervention will be in 2005 by a team of the Police at a checkpoint on Gimbiya “This case represents the height of man’s inhumanity Street by Ahmadu Bello Way, in the Apo district of FCT to man. The Appellant and his co-accused Police officer incomplete, without mentioning Abuja, while returning from a night out. constables, employed by the nation to protect the lives Despite the conviction and sentence to death of two out and properties of its citizenry, embarked on this unlawful the infamous #ApoSix case...... of the Police officers involved in the dastardly act, three mission, and in their brazen brutality terminated the years ago by an Abuja High Court, (and acquittal of the lives of these five innocent and defenceless victims, with involving the murder of other suspects including one Danjuma Ibrahim, a Deputy unimaginable damages to their loved ones and families Commissioner of Police at the time, whom witnesses told back at their various homes. The case demonstrated the six young civilians in 2005 the Court personally shot at the victims), the circumstances regrettable reality that numerous Police check points surrounding the case, continues to highlight the impunity along our highways, only give citizenry a false sense by a team of the Police at a culture of the Nigeria Police, and stands out as the climax of of security”. the fractious relationship between the Police and the citizens In Nwankwola v FRN (2015) LPELR-2439(CA), the checkpoint on Gimbiya Street in recent history. Police was also at their worst behaviour. There, the Appellant, a What we saw in the streets during the #ENDSARS protest, Police officer was arraigned before a High Court in Benin, where by Ahmadu Bello Way, in the is therefore, the expression of years of accumulated grievances he was convicted and sentenced to seven years imprisonment against the Police by citizens, particularly the youth. And, if with hard labour for demanding the sum of One Million Naira Apo district of FCT Abuja, while it eventually opens a new slate of Police-citizens relationship from one Alexander Okiye, a person against whom criminal in Nigeria, then it would have been worthwhile. complaints were made, and eventually receiving the sum of returning from a night out” Five Hundred Thousand Naira (N500,000) from him. It was Raymond Nkannebe, Legal Practitioner, Lagos a case that shed light on the rackets that are being run by 8/cover 10.11.2020 d i s c o u r s e Police Reforms: A Holistic Approach One of the spinoffs and salutary effects of the nationwide #ENDSARS protests, is the urgent need for a holistic Police Reform in Nigeria. Every administration has paid lip service, to this rather crucial national concern. The social anguish which the abysmal performance of the Nigeria Police has occasioned, is the subject-matter of this Discourse by Olawale Fapohunda, Kemi Okeyondo, Professor Etannibe Alemika, Dr Benson Olugbuo, Okechukwu Nwaguma, Danladi Plang and Innocent Chukwuma, who suggest various ways in which the Nigeria Police can be reformed and repositioned, to better carry out its constitutional duty of securing the civil populace, without terrorising the very masses they are meant to protect A Frustrating Exercise

Olawale Fapohunda accommodation. (g) Police-Public relations. The reports noted that Nigerians view the Police For most justice sector reform advocates, as corrupt, inefficient, politically partisan and writing about Police reforms or participat- unresponsive. These perceptions of the Police ing in government inspired conversations on are largely based on citizen’s unhappiness policing, has become a frustrating exercise. It with the manner Police handles complaints, is sad to admit that over the years, we have particularly against abuse by its officers. simply had zero political will to undertake An important addition that is missing from the far reaching reforms that are required to all the reports, is how to ensure that our Police ensure that we have a Police that works in the are enabled to respond to the avalanche of interest of our citizens. I sympathise with the social and technological changes, fuelled by frustrations of those who complain that the the internet and the new social media that tangible outcome of the #ENDSARS protests, are fast changing the nature, intensity and appear to be limited to the establishment of the reach of crime, leading to unprecedented Judicial Panels of Inquiry into rights abuse of and frightening dimensions of lawlessness. some officers of the now disbanded Special Anti-Robbery Squad (SARS) across the States. Mr. President must lead While these panels are necessary for the purpose In my respectful view arising from our many of reversing a culture of impunity that largely failed attempts at Police reforms, transforma- characterised the operations of SARS, they tive reforms in the Nigeria Police can only cannot by any stretch of imagination, be seen be achieved though deliberate presidential to be the vehicle through which sustainable intervention. Previous ministerial interventions Police reforms will be achieved. have always stopped at the level of the host Ministry. Current efforts to saddle the leadership After #EndSARS: All Noise and No Action of the Nigeria Police with the responsibility There is palpable worry that the current of leading Police reform initiatives, is almost hullabaloo about Police reforms may, at the guaranteed to fail. The Police cannot reform end of the day, be just all noise and no ac- itself. Similarly, the existing Police oversight tion. Several of my colleagues in government institutions, the Ministry of Police Affairs, have argued that, Police reforms cannot be Ekiti State Attorney-General and Commissioner for Justice, Olawale Fapohunda Police Service Commission and the Police achieved in a day. That it will be a process Council, have all proved incapable of setting and not an event. I agree. They say such is the poor performance or misuse of power. The an actionable agenda for Police reform. enormity of the challenges facing our Police, reports also identified several areas in which Mr. President must simply lead the Police that government should be forgiven for taking the Nigeria Police were failing Nigerians. Some reform initiative. As a first step Mr. President its time. I disagree. We simply do not have of these areas include (a) Limited capacity to should convene a review of the existing reports the luxury to remain frozen in our thoughts, collect and analyse preventive intelligence, of all previous Commissions and Commit- about the enormity of what needs to be done. especially pertaining to serious crimes tees on Police reform, including those of the An important lesson from the #ENDSARS (b) Poor Criminal Investigation ability. This Constitutional Conferences, with a view to protests is that Police reform is not simply was identified as one of the reasons behind identifying immediate to long term key a matter of law and order, but one that has the under-reporting of crime in Nigeria. interventions areas. All these reports contain direct and consequential implications on our Unfortunately, the so-called premier inves- bold and practical proposals, that can form a economy. There is nothing that needs to be done tigation agencies like CID, were said to be working document for a Federal Government about Police and policing reform in Nigeria underperforming action plan for Police reform. today, that cannot be found in the reports (c) Vacancies. The Nigeria Police continue to of the many government enabled high-level have huge vacancies. The reports noted that Olawale Fapohunda, Honourable Attorney- Commissions on Police, many dating back to efforts to recruit, have largely been politicised. General, Ekiti State, Nigeria at least 1999. Our reality is that all of these While even in those cases where recruitments reports, are gathering dust on the shelves of were achieved, the process and quality of those several government institutions. These reports, recruited was said to leave a lot to be desired. Assessment of Police without exception, are as relevant today as The reports identified an under-strengthened Reform in Nigeria they were when they were written. “Current efforts to Police Force as an immediate outcome of a poor recruitment policy. (d) Outdated arms Kemi Okenyodo Summary of Police Reforms Reports saddle the leadership and equipment. The reports stated that our 1999 to date Police Force continue to use obsolete equipment A casual reviewer of the reports of Com- Need to Revisit Community Policing of the Nigeria Police and arms, and lack the latest technology that Police reform in Nigeria has been driven mittees and Commissions established by would help in investigation and intelligence the Federal Government from 1999 to 2019, until very recently, by international donors with the responsibility gathering. and experts. This created a gap in ownership will find similarities in their findings and (e) Lack of proper training. The reports recommendations. They all agreed that in a and adaptation of the programmes and other of leading Police reform specifically noted that existing Police train- interventions, to suit our local context. Closely large and populous country like Nigeria, the ing academies are poorly staffed, and often Police need to be well equipped, in terms of related to this, is that Police reform cannot take initiatives, is almost don’t have the necessary facilities in terms of place in isolation of the broader governance personnel, weaponry, forensic, communication equipment and technology. This is particularly and transport support. Further, the reports state reform, within the political and public sector. guaranteed to fail. The regrettable, given that well-trained and moti- The interventions we have experienced have that the Police need to have the operational, vated human resources are key to any Police freedom to carry out their responsibilities been hinged on the introduction of Community Police cannot reform Force’s success. (f) Poor Police infrastructure. Policing … one gets the impression that once professionally with satisfactory working The reports noted the unsatisfactory practice conditions, while being held accountable for a country or Police organisation embraces itself” of housing Police stations in impoverished community policing, the challenges with the 10.11.2020 cover /9 d i s c o u r s e Police Reforms: A Holistic Approach

Police organisation, its officers and policing as a practice, would be addressed. This is “The Nigeria Police definitely not true … yes, Community Policing can contribute to reduction of violence and Force cannot tension, it can help to build public confidence, provided that the communities are involved. effectively reform, The model of Community Policing to be adopted in Nigeria is something that is work in without the progress, and there seems to be no consensus around this. I tend see that the concept of enthronement of good State Policing is usually misconstrued, to be the same as Community Policing. Further to governance in Nigeria” this is that, interventions aimed at building and reinforcing accountability, is not an area that is well accepted or resourced. These issues have been brought once again to the front burner by the 2020 #ENDSARS protests, which has once again raised the is- violations of fundamental human rights. sues with reform of the Nigeria Police Force. Therefore, it is obvious that Police reform Underpinning the demands of the protesters, goes beyond cosmetic changes. There is a are issues of ‘accountability’ cut across issues need for deep rooted reform, based on the linked to human rights abuse, bribery and principles of democratic policing. corruption, underfunding of the institution, professionalism etc. Good Governance is the Key Going forward, there are opportunities Police reform has been compounded by internal for the country to own the reform initiative, Kemi Okenyodo and external challenges, confronting both the make it more participatory and engaging, Nigerian State and the Police Force. It also for example, as regards Police community who have borne the brunt of the excesses of clearly shows that, the hood does not make relations, the NPF with support from CSOs some officers and men of the now defunct Police Reform in Nigeria, coordinated the the monk. Enactment of laws are yet to bring have set up platforms such as the Community Special Anti-Robbery Squad (SARS). Civil Society Organisations Panel on Police desired changes, in the performances of the men Safety Partnerships, Eminent Persons forums No Capacity for Criminal Investigation Reforms which made several recommenda- and officers of the Nigeria Police Force. This and Public Complaint Rapid Response Unit Police brutality in Nigeria has been a subject of tions on effective and human rights centred is because the fortunes of the Police and that (PCRRU) to promote constructive engagement discourse and has continued to elicit concern policing in Nigeria. There has not been any of Nigeria, are inseparable. The Nigeria Police between the Police and community. According among local and international human rights noticeable adoption and implementation of Force cannot effectively reform, without the to the 2019 annual report of the PCRRU, a groups, media and the general public especially these recommendations, except those captured enthronement of good governance in Nigeria. total of 2,161 complaints were reported, 1,621 in the last decade. We have noted the increase in the Administration of Criminal Justice Act (75%) complaints were resolved, 216 (10%) in the use of torture by security agents in 2015; Violence Against Persons Prohibition Dr. Olugbuo, Executive Director, CLEEN complaints were found to be false and 324 Nigeria, generally. This is largely attributed to Act 2015; Anti-Torture Act 2017; the Nigeria Foundation (15%) complaints are still under investigation. the lack of capacity for criminal investigations, Police Trust Fund Act 2019 and Nigeria Police According to reports, since the initial launch the historical antecedent of the Police being Force Act of 2020, largely driven by CSOs of Community Policing in 2004, which was used as agents of oppression, the arbitrary and other episodic changes championed by Political Economy and relaunched in 2017, 13 billion as funding for use of force, lack of effective internal and different Inspector Generals of Police. The takeoff in August 2020, has been allocated. It external accountability mechanisms, as well existence of these laws notwithstanding, the Police Reform Nexus will be interesting to know how this fund is as lack of public confidence in the Police and problem of police brutality and extra-judicial Professor Etannibi Alemika being utilised. There is also the Police Trust other security agents. killings continued unabated. Fund which was set up 2019, and seeks to The defunct SARS has been noted as a Police as Political Agents provide funds for the training, purchase of major perpetrator of human rights violations, No Political Will equipment and general welfare of personnel There has been deep neglect and lack of Police work is a hazardous vocation. Though specifically extra-judicial killings, extortion, vested with enormous powers, the exercise of of the NPF. The Trust Fund seeks to pull from harassment, torture and other human rights political will on the part of the Government various funding sources, including 0.005% levy to implement different recommendations to such powers is always contested by different abuses, before and during the pandemic. groups, because of the unequal distribution of on the net profit of companies. Unfortunately, The public clamour against the detestable reform all of or at least aspects of our policing the Trust Fund is yet to be utilised effectively, system. For instance, Anthony Ojukwu Panel on the burdens and benefits of policing. Police activities of the SARS operatives led to the are political agents, whose culture and actions as the board tasked with managing the Fund '#ENDSARS' campaign, a national call to SARS Reform 2018 proffered recommendations was only inaugurated in May of this year. to improve the accountability of SARS and reflect the political and economic relations in disband the unit which gained public support society. Thus, the quest for democratic and Most worthy of mention is the Police Bill 2020 nationwide, through the use of social media. law enforcement officials in Nigeria, amongst which was signed into law by the President which were the dismissal of 37 Police officers rights-based policing in an undemocratic polity The protests were precipitated by years of with wide inequalities and absence of effec- in September 2020, after numerous attempts brutality and professional misconduct by and prosecution of 24 officers found guilty of to review the Police Act. The three identified human rights violation, compensation of various tive social protection services, is an illusion. operatives of this particular Police unit, for Demand for Police reform must be embedded opportunities could be interpreted to mean too long, derailed from the core mandates of sums of money in 45 complaints, tendering political support to Police reform, in recent of public apologies in five complaints and in broader struggle for social democratisation their establishment and became threats to the (not liberal-free market democratisation) of times. citizens whom they are obliged to protect by obedience to court orders in five complaints, However, still missing is hard notch of Ac- the creation of State Police and renaming of politics, economy and society. The problems the general mandate of the police under the encountered with and by the Police in Nigeria, countability. This needs to looked into, and a Nigerian Constitution and other extant laws. SARS, which will operate under the intelligence strategy of engagement of crucial accountability arm of Police. Despite efforts to reform the resulted from the political and economic This clamour by young Nigerians led to structures of the country. partners working together needs to be put the disbandment of the SARS on the 11th Nigeria Police Force, the institution continues in place, for there to be sustainable reform. of October, 2020, and the setup of a new to curry for itself an image of coercion, fear and an institution largely known for gross Enhancing police professionalism Kemi Okenyodo, Executive Director, Rule tactical unit called Special Weapons and Tactics To a limited extent permitted by structural of Law AND Empowerment Initiative (also (SWAT). However, while disbanding SARS political and economic constraints, several known as Partners West Africa -Nigeria) is a step in the right direction, a lot more is measures can be taken to enhance profes- required for sustained reform. In addition, sionalism, efficiency and accountability of the the establishment of SWAT did not follow Nigeria Police Force. At strategic level, the Police an inclusive process, thereby prompting should establish or properly equip the following Police Reform and the the call for the disbandment of the unit by departments: (1) Research and Statistics Division #ENDSARS protesters. to produce accurate statistics on all aspects #ENDSARS Movement of crime, to produce reliable national crime A Tragic Culture of Committees statistics that meet global standards and aid in Nigeria The Federal Government in the past had strategic planning, operations and management, established several presidential committees (2) Monitoring and Evaluation Division to be Dr. Benson Olugbuo to pilot major Police reform programs, which responsible for monitoring compliance with have proffered several recommendations. directives and standards by Police formations; Slow and Uncoordinated Police Reform These include the Muhammad Danmadami evaluate implementation and effectiveness of Police reform in Nigeria, has been a winding Presidential Committee on Police Reform 2006; policies by the NPF, and (3) Policing Innovation journey since independence. It is instructive M.D Yusufu Presidential Committee on the and Strategy Division to be responsible for to note that, the #ENDSARS protests took Reform of the Nigeria Police Force 2008; developing and monitoring management and place during the year when the Nigeria Police Parry Osayande Presidential Committee on operational strategy for the Force, under the Force Act 2020 was signed into law by the the Reform of the Nigeria Police Force 2012; direction of the Police management; responsible President of the Federal Republic of Nigeria, and the Anthony Ojukwu Presidential Panel for coordinating innovative approaches to Muhammadu Buhari. The truth is that, Police on the Reform of the Special Anti-Robbery policing and maintain liaison with relevant reform has been slow and uncoordinated, lacks Squad (SARS) of the Nigeria Police Force 2018. civil society organisations. political will and unable to meet with the In addition, in 2012, the CLEEN Founda- yearnings and aspirations of young Nigerians tion in collaboration with the Network on Dr. Benson Olugbuo cont'd on page 10 10/cover 10.11.2020 Police Reforms: A Holistic Approach cont'd from page 9 the issues and concerns we are still faced with today. That despite enormous efforts and resources devoted to police reform Review of Criminal Laws in Nigeria, patterns of Police abuse and The activities and powers of the Police are misconduct persisted. Impunity was the defined by substantive and procedural order of the day, and political authorities criminal laws, that define behaviours that lacked the will to implement genuine Police violate laws and liability to criminal process. reform in Nigeria. Other findings include: Nigeria criminal laws need to be reviewed to • The Police continued to trample upon decriminalise petty offences, strengthen human rights protection, and provide for realistic bail citizens’ rights to life and human dignity, by conditions. Fundamentally, the Police station continuing to resort to torture as a tool of should be made the fulcrum of most Police interrogation of suspects. Criminal suspects work, and the proliferation of roving special and other citizens were daily subjected to units should be discontinued, because they Police brutality, inhumane and degrading undermine supervision and accountability. treatment. Inadequate intelligence and investigation capac- • The right to be presumed innocent, was ity, are responsible for most of the incidences routinely disregarded. of unwarranted arrests and brutality during • Police officers failed to inform suspects investigation. Therefore, the intelligence and of the charge(s) against them upon arrest. investigation capacities and competencies of • Police continued to flagrantly abuse the Police, should be strengthened through the rights of women, to be protected from training, utilisation of relevant technologies and sexual harassment in police custody. Cases conducive working conditions. The practice of abound of rape and other forms of sexual Police arresting suspects before investigation, is violence and abuse of female suspects and linked to several factors, including inadequate detainees, by the Police. personnel for investigation, pressure by influential • Police also arrested and detained under- complainants for the arrest of suspects, and aged children in adult detention centres. inadequate resources. The practice of hasty • Police continued to take bribes to release arrest prior to diligent investigation should be suspects on bail, despite notices of “No pay- limited by legal provisions, effective judicial ment for bail” boldly displayed at Police scrutiny and oversight, as well as appropriate stations. standard operating procedure within the Police. • Incidents of accidental discharge continued to occur, and led to the brutal and senseless Reform Recruitment and Conditions of killing of several innocent people. Police Service Professor Etannibi Alemika often did this either as a show of force or Lack of stringent and reliable screening of power, or due to lack of knowledge about applicants for recruitment, permits the enlist- use of weapons, or even sheer impunity. ment of unsuitable candidates into the Police Force to its original role as an intervention with an overwhelming 81% of respondents Sometimes, the plea of ‘accidental discharge’ Force. Undue interference in the recruitment was used as a cover up. process by powerful people in the legislative force that is highly trained, well-trained, saying they had paid a bribe to a Cop in the fully-barracked and appropriately deployed. past year. Many of these bribes happened at • Appropriate authorities failed to investigate and executive arms of government, politicians cases of Police abuse and misconduct, and and traditional rulers, as well as corruption Weapons acquired and used by the Police makeshift roadblocks set up by SARS officers, compromise recruitment into the country’s should be reviewed; assault weapons should in order to extort drivers and passengers. to ensure accountability for abuses. Instead, Police Force. Stringent educational, physical, be restricted to serious crime response teams, The same year, Amnesty International found Police authorities covered up the misdeeds psychological, attitudinal and behavioural while Police on regular duties should bear that SARS “perpetrate[s] acts of torture and of their officers. screening tools, should be developed and self-protection and non-lethal weapons. The use other cruel, inhuman or degrading treatment • The tribunal noted with concern, the applied. Poor remuneration and welfare of of lethal weapons for the control of peaceful or punishment against detainees in their practice whereby Police officers were hired personnel, inadequate facilities, lack of modern protests, should be prohibited. Police should custody, on a regular basis”. The problem by individuals to settle personal scores, in policing technologies and inadequate training, be equipped with appropriate crowd control matters that were purely civil. There were equipment and technology. Patrol should be is that, successive Nigerian governments lack are disincentives for efficient and civil policing. genuine commitment to Police reform. They frequent cases where some Police Officers Adequate remuneration and working condi- adopted as the primary means of policing the embarked on odd hour arrests, acting in cities, highways and communities instead of only pay lip service to Police reform. Otherwise, tions, as well as continuous training of officers why is it that successive administrations show commando fashion and disturbing the peace are necessary for professionalism. There is a roadblocks where corruption and brutality often of the whole house, in cases of simple assault. take place. Communication between patrol penchant for setting up one or more Presidential lack of effective supervision of junior officers Committees or Panels on Police Reform, only who carry out most Police duties pertaining to officers and vehicles properly coordinated Road to Police Reform in control rooms, should be procured and to shelve the reports and fail to implement the patrol, stop and search, arrest, investigation and recommendations, despite the huge resources • The current efforts to inquire into nu- detention of suspects. The ranks of Sergeant efficiently maintained and utilised. merous allegations and complaints of Police For effective, professional and accountable spent in the work of the various Committees? and Inspector are critical, as line supervisors. Setting up Government Committees, became brutality and especially, against particular The ratio of officers in these cadre relative to Police, Nigerians have a duty to respect and operatives, including those contained in those on the ranks of Corporal and below is obey the law, respect the rights of other citizens, a pretext to evade responsibility. It is said that when government does not want to do anything several petitions by several organisations wide and needs to be bridged, while appropri- and assist law enforcement agencies. and individuals and in reports by notable ate training should be provided to enhance about any problem in Nigeria, it sets up a Committee. From the 2006 M.D. Yusuf-led human rights organisations, with a view supervision. Real-time automated database Etannibi Alemika, Ph.D., Professor of to bringing officers to account for abuse, Criminology and Sociology of Law, De- Presidential Committee on Police Reform, to should be maintained at the Police Service corruption and misconduct, is a welcome Commission, Police Force Headquarters, and partment of Sociology, Faculty of Social the 2008 Danmadami- led Committee, to the Sciences, University of Jos, Jos, Nigeria 2012 Parry Osayande-led Committee, to the first step. While these inquiries are ongo- State Commands, to enhance efficient human ing in different States and at the Federal resources management pertaining to recruitment, 2014 Uwais-led Political Conference report which also touched extensively on the Nigeria level, government must ensure that security training, deployment, monitoring, performance agencies henceforth, operate with civility, evaluation, promotion and discipline. Lack of Political Will: Police, and many others, there is a surplus of reports and recommendations for Police responsibility, professionalism and restraint The Nigeria Police Force operates the gen- and avoid more acts of brutality or killing. eral duty system, which is inappropriate to Bane of Police Reform reform. The problem is that government lacks the will to implement them. The reason for If abuses continue, it will lend credence to contemporary policing. Specialist investigation, public doubts about government’s sincerity to intelligence, patrol and special forces should in Nigeria government’s lack of will to implement far reaching reforms, is a different subject-matter end abuse. Government must start building be introduced. Officers should be deployed to Okechukwu Nwanguma confidence, and ensure that the outcomes of specialist tracks after initial three years of general altogether. duty deployment, considering their competence, these public inquiries will be made public, No Genuine Commitment to Reform and the recommendations for justice, redress, interest, disposition and potentials. This will In 2016, the World Internal Security and Police A Historic Culture of Impunity develop the competence, professionalism, job Between 2008 and 2011, NOPRIN, in col- accountability and reform are implemented. Index ranked Nigeria’s police as the world’s • The State judicial panels of inquiry must satisfaction, efficiency and accountability of worst in a global survey of 127 countries, laboration with the National Human Rights officers. Commission (NHRC), the Police Service be transparent, independent and firm in their Commission (PSC), the Public Complaints work. They must look into all cases and Towards Effective Policing Commission (PCC) and the National Com- allegations of unlawful detention, extortion, There is need to restore the Police Mobile mittee on Torture (NCoT), organised series of torture and other egregious abuses committed Public Tribunals on Police Abuse across the by any of the personnel of the units across geopolitical zones of Nigeria. The tribunals the States. were aimed at providing opportunities for • The panels of inquiry must review all victims or their representatives and survivors cases involving the disbanded SARS, IRT, of Police abuse, to testify before a panel of STS and all other Police units, and audit eminent persons about their experiences and all the funds and properties confiscated by “.....the quest for to seek redress and justice. The public tribunal them either as exhibits or illegally converted, was intended to give voices to the numerous and determine to what extent some or all democratic and rights- victims, relatives of victims, survivors and of these were stolen by the Police officers witnesses of Police abuse across Nigeria, and involved. Such funds and properties must to assist them to seek and secure remedies be retrieved, and returned to their owners. based policing in an through the use of mechanisms of internal • Police officers must be trained and re- control and external accountability. It was trained on the various laws and legislation that undemocratic polity also aimed at mobilising eminent Nigerians, will improve Police conduct and operational to join the campaign to end Police abuse of effectiveness, including the Anti-Torture Act with wide inequalities human rights in Nigeria. 2017, Force Order 237 and the UN Code of The tribunal found that impunity remained Conduct for Law Enforcement Officials, as and absence of effective the order of the day, in many Police stations well as the Guidelines for Law Enforcement across Nigeria. This is unacceptable, in a Agencies on Covid-19 Enforcement, among democracy. Many Police officers involved in others, to enhance their professional efficiency social protection human rights abuses were left unpunished, • Police recruitment procedure must be reviewed, to ensure that it does not leave room services, is an illusion” while their victims were denied justice. Okechukwu Nwanguma The tribunal identified some specific issues and concerns, which are similar to many of cont'd on page 11 10.11.2020 cover /11 Police Reforms: A Holistic Approach cont'd from page 10 type of Police and policing reforms that need to be embarked upon to enthrone effective, for misfits and criminals to find their way efficient and accountable policing service in into the Police. Politicians must be stopped Nigeria. At the heart of the challenge is the from interfering with, and compromising troubling colonial history of the Nigeria Police Police recruitment. Force (NPF); the failure of post-independence • It is instructive that among the five core governments to reorient and transform the NPF, demands put forward by the #ENDSARS from a colonial occupation force to protectors protesters, is increase in Police salary, so of the security and liberty of the Nigerian that they are adequately compensated for people; and decades of military dictatorship protecting lives and property of citizens. It that eroded Police civility. The other challenge must however, be noted that Police welfare and perhaps, most importantly, is the fact goes beyond increasing salaries. Intimidation that improving safety and security in Nigeria of officers by their superiors; Police promotion has been looked upon by the government corruption, and shortchanging Police officers as something that is achievable by merely through withholding or tampering with their increasing the capacity of the NPF and other duty allowances, must be addressed. Police State security forces, without seriously ad- promotion must be based on merit, and done dressing underlying socio-economic triggers of as at when due. Payment of allowances, insecurity/violence, and effective integration of insurance, housing, health benefits, education other providers of security, such as private and for the children of Police officers and other social sectors in a nodal policing arrangement. In the last twenty-one years of elected such welfare packages, must be guaranteed civilian government, there have been no less to humanise the Police and enhance morale. than five presidential panels established by Improving welfare, will also be a means of successive governments to exclusively focus fighting corruption. on deliberating and making recommendations for the reform of the NPF. Each of these panels - Okechukwu Nwanguma, former Danladi Plang Innocent Chukwuma worked tirelessly to complete its assignment, National Coordinator, Network on Police submitted reports and recommendations to Reform in Nigeria (NOPRIN); currently, the government. Years and months after Executive Director, Rule of Law and Ac- the performance of the Voluntary Police up. Among their recommendations, fund- completion of their assignments, most of the countability Advocacy Centre (RULAAC) Services (neighbourhood protection guards ing the reform has appeared consistently. reports have neither been made public, nor and vigilante groups) in Model Police Station However, the current decrepit state of most significantly acted upon. The notable exceptions jurisdictions. Community Accountability Police facilities across the country, shows are the ongoing implementation of community The Role of Development Forums have been set up, and have resolved either we are still not resourcing the Police policing program under the current Inspector Partners: The British Council nearly 80 local safety issues in the first year well; or the resources are being misused. General of Police, Muhammadu Adamu, and across six sites in Lagos, Kano and Enugu. Whichever, it tells that we have in the past the enactment of the Nigeria Police Force Danladi Plang not mustered sufficient political will to sustain (Establishment) Act, which was signed into Others Areas of Intervention Police reform. To get a better output from law by President Buhari on September 16, 2020. Funding Police Reform Additional areas of intervention by the the Police, our input will need to change A critical examination of why these apparently Inadequate funding, is one of the key concerns British Council on Police reform: significantly well-intentioned reform efforts appear to have about Police reform. Although outside help a. Developed core strategic management • Decentralise policing through resource failed in either improving the perception of is needed, the basic responsibility for reforms strategies, including Community Based allocation: The primary responsibility of the safety and security by residents, or made rests with the Federal and State Govern- Policing Strategy, Intelligence Led Policing Police, is to serve the people by protecting the Police more accountable indicate that the ments and Institutions. The importance of Strategy; Accountability Strategy, Crime their lives and property. The most impor- reform panels rarely consulted the citizens in this point should not be under-estimated. Management; Election Security; Human tant unit of the Nigeria Police to serve the concerted ways that prioritise their inputs, and No programme of funding for the Police Resource Management; majority of citizens, is the Police Division. the fact that they were dominated by people will accomplish meaningful change or be b. Introduction of “community-based Sadly, the divisions have been left to fend with Keynesian thinking about the role of the sustainable, if it is conceived or imposed from policing” through working in over 130 for themselves. The result is that, the type Police as a State dominated enterprise. Therefore, abroad. Development Partners have played Police stations; of service expected of the Police is never they failed to ask and answer the fundamental a significant role, in pushing the agenda for c. Developed 82 Family Support Units; available; its integrity is brought to question; question about whether the Nigerian economy, justice sector reforms in Nigeria. They have d. Raised the capacity of 56 Voluntary and it loses respect, the one commodity it currently dominated by export of crude oil as Policing Sector (VPS) groups across six needs to stamp its authority in the public the main source of foreign exchange, can afford brought the much-needed practical and techni- or support a modern State-centric policing, cal advice, as well as the financial resources States and the FCT; space. For these important Police units to e. Supported the Police to create the central properly function, they must be empowered. without integrating other policing service for training and pilot projects. They have providers. The unintended consequence is supported civil society groups with focus Complaints Response Unit (CRU); Resource allocation in the Police, should be f. The passage of the new Police Act to decentralised to meet their basic needs for that these reform efforts appear to be moving on Police reforms, and alerted the Federal policing backwards in Nigeria, because they and State Governments on the steps needed replace the 1945 colonial law; service to the people. g. Building capacity for the Inspection of have been seeking to monopolise policing at to maintain reform. A well functioning and precisely the time that Police organisations trustworthy Police and broader justice sector, places of detention (including SARS’) by Strengthen Oversight • The Police has a long list of external around the world have begun to recognise is not only important to individuals, but to Magistrates in line with ACJA; this as an impossible aspiration. A sought of the development of the nation. h. Piloting the establishment of Statement oversight structures, including the Police mission impossible. Taking Rooms in Police stations in the FCT Service Commission; The National Human The British Council and Police Reform and Anambra and Lagos States, with audio Rights Commission; the National Assembly; Suggestions The British Council has had a long and visual facilities to deter the use of torture to and most recently the judiciary. These bodies My suggestion to the government and the NPF, constructive relation with Federal and State obtain confessional statements from suspects; must be allowed to function unfettered, is that they should give up on this mission and Governments, in the area of Police reform. i. Facilitated institutionalised Human Rights to improve accountability in policing. The jump directly to the front of the international From its work with communities across desk in all Area Commands, to ensure Administration of Criminal Justice Act, for Police reform movement. An analogy here Nigeria over many years, the British Council compliance to human rights provisions instance, provides for Magistrates and Judges would be the telecommunication industry for all Nigerians conducting periodic inspection visits to places in Africa, which in the last two decades has believes that the quest for Police reform is been very wise in recognising that the world rooted in an aspiration to make life better of detention including Police facilities. In Proposals for Police Reform the FCT, following capacity building of of telephones is a mobile world, and have in Nigeria for all, and to reflect the evolving leapfrogged straight there rather than trying to needs of its communities. The British Council Magistrates, and orientation for Police DPOs, inspection visits commenced with remarkable build elaborate landline network first. A similar has implemented three main programmes Provide the Police what they need jump is needed in policing in Nigeria, through of justice and security reform support, from • Reform backed by resources: since success. In December 2019, following the a framework known in the literature as nodal 2002 to date. These are, the Security, Justice the return to civilian rule in 1999, several inspection visit of Magistrates in the FCT to policing or nexus policing. Under it, the NPF & Growth Programme, the Justice for All Police Reform Committees have been set the SARS facility, over 200 detainees were rather than see itself as a monopoly service Programme; and the Rule of Law and transferred to correctional facilities around provider, would act as a network coordinator Anti-Corruption (RoLAC) Programme the FCT. But, this provision though in the in a framework of policing that includes private ACJ Laws of various States is not being security and community initiatives for safety Community Policing applied to maximum benefit, to improve and security. Once the Police see themselves With key stakeholders, the British Council Police and law enforcement services as Nodal Police whose role it is to encourage developed a community policing strategy • There should be community centred the development of effective, legitimate and focusing on answering the needs of the approach to police oversight. This should not integrated policing networks, the current community, and improving Police service just be the establishment of structures and competition or antagonism between it and standards. Twelve Model Police Stations processes for consulting local communities private security and community initiatives have been established in Lagos, Enugu, about their policing priorities and problems; on crime prevention will dissipate. Private security and community initiatives now become Niger Kano, Kaduna, Jigawa and the Federal but should also include a Police accountability forum, which can be convened as town hall important players in a total policing landscape, Capital Territory, including Family Support rather than a threatening competitor to State Units to support victims of gender-based meetings to address public concerns on Police performance, conduct and excesses. Police. and domestic violence. As a result of the This would obviously require national discus- interventions, community satisfaction with “..... there is a surplus sion, research, organising and lobbying, to agree the Police has risen (by more than 15 per Danladi Plang, National Programme on broadly acceptable framework; amendment cent in some States) in their first year of of reports and Manager, RoLAC, The British Council of the Police Act and the Constitution to provide operation. defined roles for private security and civic The Council, through its grant fund for organisations in the public safety and security civil society organisations, has also helped recommendations Nigeria Should Look Be- provisioning; attitudinal change on the part of establish two Sexual Assault Referral Centres, yond State-Centric Policing the Police, from monopoly service provider the Mirabel Centre in Lagos, and the Tamar for Police reform. to network or nodal coordinator; effective Centre in Enugu. In its first year of activity, Innocent Chukwuma regulation of private security industry and the Mirabel Centre dealt with over 270 clients. civic policing at community levels; and piloting, These centres provide a range of services, to The problem is that The #ENDSARS protests in October 2020 have demonstration and national rollout. Let the real clients who have suffered sexual assaults. brought to the fore, in ways that have not debate about the type of policing framework The programme is actively pursuing the that would best serve Nigeria and Nigerians, government lacks the been seen in recent history of Nigeria, the begin. establishment of further centres, in other issues of Police violence against residents of focal States. Nigeria, community counter-violence against Innocent Chukwuma, Director for West Support has been provided to improve will to implement them” the Police, and the larger question about the Africa, Ford Foundation 12/ 10.11.2020

The Lekki Tollgate Massacre and Government’s Skewed Revisionism and Apostasy (Part 1)

Introduction In difficult and trying times like this, such as we are presently experiencing in Nigeria, it becomes incumbent on patriots to be extremely circumspect, even advisedly taciturn, in making public comments on trending burning issues. This is to prevent further pouring petrol, on an already blazing inferno. But, I am now forced to do this follow-up write-up after three earlier major outings on the #ENDSARS protests by deprived, ignored, marginalised and repressed angry Nigerian youths. This intervention is centred on what I call the “Lekki Tollgate Massacre”, that was watched live on TV, like a reality show. It was on Tuesday, October 20, 2020. I watched it live. Millions of Nigerians and members of the international community, also watched it LIVE, with their “korokoro – eyes”. We all watched, with awe, disgust and spine-chilling horror, how a platoon of about 20 camouflage-wearing military personnel, with vehicles flashing their multi-coloured lights, savagely invaded the tollgate. Unprovoked, they opened a staccato hail of hot lead bullets directly on defenceless, unarmed, innocent singing, dancing, sitting and flag- waving Nigerian youths, who Lekki Tollgate had converged at the tollgate to peacefully protest. They were even singing the National Anthem; perhaps a reaffirmation of after the bloody massacre?. Fashola’s mysterious “discovery” The military's admission of its presence at the plaza, came their belief in a reordered and rejigged Nigeria, where social later became the butt of jokes of Nigerians across the world. after Lagos State Governor Babajide Sanwo-Olu pointedly said justice, equity, egalitarianism, mutual respect, and ethnic and They wondered how a secret camcorder lens, could be found security camera footage clearly showed Nigerian soldiers firing religious tolerance shall reign supreme. by only him. Some described the “finding” as a pantomime. at the peaceful protesters at Lekki plaza. The youths had hoped to make their voices heard, get Others said they are embarrassed, ashamed and insulted to Lagos State Governor, Babajide Sanwo-Olu had on October 21 empowered to go to school, secure living wages in employment, think these government officials think Nigerians are all foolish, denied any record of fatality at the bloody tollgate massacre - this and live a decent life. They didn't ask for the impossible. They daft and unthinking zombies, who would fall cheaply for was during a live broadcast. He had said “three of the injured simply wanted to end decades of crude Police brutality, especially these make-belief theatricalities of “discovery” five days after protesters have been discharged, while some are in the SARS, against them and other hapless innocent citizens. Lagos Waste Management Authority (LAWMA) had cleaned hospital. There is no record of any fatality”. They only desired a better society. They roundly rejected up the scene of incident; and after Governor Sanwo-Olu had Later, that same day, the Governor immediately admitted and wanted to end poverty and grand larceny, especially by himself toured the entire scene. his words and that “a life was lost at Reddington hospital, our so- called 'elected' servants' in government. The time of Fashola had said, “some subversive elements” must due blunt force trauma to the head”. He described this as the youths’ protest at the tollgate as recorded by people across have planted a camera there, while gingerly picking up the “an isolated case”. the world, was about 7.00 PM (18.00 GMT). The youths device with a handkerchief. Many Nigerians accused Fashola Amnesty International later issued a strong report, citing were unarmed. They were not violent. They were peacefully of a ridiculous Netflix manipulation, stunt and attempt at a security camera footage which it said showed Army vehicles protesting. The world had watched and heard a while earlier, cover-up. Some described him as the new Sherlock Holmes, leaving the Bonny Camp barracks, and arriving at Lekki plaza before the military invasion, how an eye witness near the Raymond Reddington, Scooby Doo, Inspector Gadget, and shortly before shots were fired: tollgate had started commenting on what he observed. such names to humour him. “What happened at Lekki Tollgate has all the traits of the The Army, Amnesty and Sanwo-Olu’s Brickbats Nigerian authorities’ pattern of a cover-up whenever their defence Failed Attempts at a Cover-up Since the Lekki-tollgate massacre, the Nigerian Army, Governor and security forces commit unlawful killings", said Osai Ojigho, The narrator told a shocked world how some persons had started Sanwo-Olu and Amnesty International have been engaged in Amnesty's Nigeria Country Director. demobilising and disconnecting the CCTV, CAMCORDERS, an orgy of denials, finger-pointing, accusations and counter “Nigerian authorities still have many questions to answer: tollgate and street lights, and other gadgets at the tollgate. accusations. Who ordered the use of lethal force on peaceful protesters? Why The video maker and narrator was making instantaneous Amnesty reported that Army troops opened fire on peaceful were CCTV cameras on the scene dismantled? commentaries, reminiscent of the football commentaries of protesters without provocation, killing at least 12. The Army “Many people are still missing since the day of the incident, and Ernest Okonkwo and Olu Fatoyinbo (all of blessed memory), had maintained that its troops were not at the site of the credible evidence shows that the military prevented ambulances during the glorious days of real titanic football finals in Nigeria, shooting, but on Tuesday night, a military spokesman, Maj. from reaching the severely injured in the aftermath”, she said. which involved the big teams - Enugu Rangers of Enugu, Osoba Olaniyi, reversed that position, saying soldiers had A Judicial Panel set up by the Lagos State Government has Bendel Insurance of Benin, IICC Shooting Stars of Ibadan, been deployed there to enforce a curfew; however, he denied begun investigating the shooting. The panel is also investigating Mighty Jets of Jos, Stationery Stores of Lagos, etc. that the troops shot at the protesters. allegations of abuse against the Police unit, the Special Anti- He was saying something to the following effect: “Some "At no time did soldiers of the Nigerian Army open fire Robbery Squad, known as SARS. Already, the Army, through its people have arrived the Lekki tollgate. They are right now on any civilian,” Olaniyi said in a statement. He however, 81 Division (55 battalion), had already denied the panel access demobilising and disconnecting the CCTV cameras fixed at maintained the soldiers were deployed on the orders of the to its military morgue. the tollgate, including the street lights. Why are they doing Lagos State Government (gosh!). But, Governor Sanwo-Olu The widespread #EndSARS campaign had erupted in Nigeria this? We do not know. Are they planning to attack people, and initially denied this, saying the State government has no first on the social media, in early October after a video circulated erase the evidence of the killings? We are here monitoring. Oh, authority over the deployment of Nigerian Army personnel. showing a man being beaten-up, apparently by SARS officers. they are still going ahead disconnecting the security gadgets. The peaceful and well-organised protests had disrupted traffic in Nigerians and the international community must watch live Lagos, and other major Nigerian cities. President Muhammadu what is going on now....”. Buhari's government had agreed to disband the SARS unit. But, The government has tried, albeit vainly, to conceal and the protests continued, with participants demanding sweeping obfuscate their dastardly and horrific acts. But, they did reforms of the repressive Police, and action against increasing not reckon with the fact that, most people nowadays have corruption. cell-phones with cameras; and that thousands were recording Although the protests were largely peaceful, they later turned live. Witnesses instantaneously posted live images, videos, violent due to many factors. At least 56 people died across the tweets, on Facebook, LinkedIn, etc. They even live-streamed country, according to Amnesty, which accused security forces the goings-on. Millions across the world, watched bestiality of using unnecessary brutal force. It was on October 20 when displayed in the most hideous manner. the Lagos State government imposed a curfew and ordered It was live. It was not hidden. It was global. So, why is the everyone to stay at home, that the bloody mayhem occurred at government trying very hard to pull the wool over Nigerians' the Lekki plaza. For two clear days thereafter, Lagos witnessed eyes, by attempting to change the narrative? Why this cheap widespread violent rioting that also spread across Nigeria. In historical revisionism? order to restore order in Lagos, Nigeria's largest city with nearly Why the Bollywood Fashola camcorder scenario, Baba Sallah’s 20 million residents, the Lagos State Government had, on 20th Alawada Keri Keri's stage histrionics and pathetic self-denials? October, 2020, imposed a curfew from 8 p.m. until 6.a.m. Why the frenetic attempts to bury evidence, and rewrite the “They also wonder why People wonder why the Governor declared a curfew after scene of and happenings at the tollgate? Why the accusations midday in a bustling city of nearly 20 million people, where and counter- accusations between Governor Sanwo-Olu and the tollgate concession commuting is always a nightmare. They also wonder why the the Army High Command? Why? Why? Why? Do these management company, would tollgate concession management company, would switch off the dramatis personae in this cold-blooded murder of unarmed lights. Was it to provide cover for the night soldiers to shoot youths, not have children? Do they know God? Do they have switch off the lights. Was it defenceless protesters, even before the official curfew started at a conscience, which Uthman Dan Fodio, once described as an 9pm on Tuesday, 20th October, 2020? Did they for once think open wound that can only be healed by truth? Do they even to provide cover for the night we are still living in the 70s of Fela Anikulapo-Kuti’s Unknown have red blood flowing in their near plastic veins? Soldier best seller? (To be continued). Some Questions and Dramas soldiers to shoot defenceless Many questions: Who put off the CCTV Cameras, tollgate and THOUGHT FOR THE WEEK street lights and other gadgets at the tollgate? Who deployed protesters, even before the “We've seen over time that countries that have the best the military officers to the tollgate in the first instance? How did economic growth are those that have good governance, and Mr Babatunde Fashola, SAN, Minister of Works and Housing, official curfew started at 9pm good governance comes from freedom of communication. It who led Federal Government delegates, to sympathise with comes from ending corruption. It comes from a populace that can Lagos State Governor, Babajide Sanwo-Olu, suddenly “discover” on Tuesday, 20th October, 2020?” go online and say, 'This politician is corrupt, this administrator, or “find” a “hidden” camera at the tollgate, five clear days or this public official is corrupt.” (Ramez Naam)