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Falana to Sanwo-Olu: Sign bill barring police from parading suspects

Published

3 years ago

July 8, 2021

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Human rights lawyer, Femi Falana (SAN) has urged Lagos State Governor, Babajide Sanwo-Olu to assent to a bill just passed by the state’s House of Assembly barring the police from parading suspects before the media.

Falana, in a statement issued in Lagos titled: “Kudos to Lagos State House of Assembly for outlawing parade of criminal suspects”, said it has become expedient for the governor to assent to the bill in view of the provisions of the constitution and African Charter.

He noted that Section 9(A) of the newly passed bill states: “As from the commencement of this law, the police shall refrain from parading any suspect before the media.”

The bill also stipulates conditions under which a policeman can arrest without warrant, one of which is that a person must be reasonably suspected to unlawfully be in possession of firearms or other such dangerous instruments.

A subsection of the bill also barred the police or any other agency from arresting a person “in lieu of any other person in a criminal matter”. The bill adds that a person, who is arrested, “shall be given reasonable facilities for obtaining legal advice, bail or making arrangements for defence or release”.

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It stated that a suspect should also be “accorded humane treatment, with the right to dignity of person; not subjected to any form of torture, cruel, inhumane or degrading treatment; be brought before the court as prescribed by this law or any other written law; or be released conditionally or unconditionally.”

While the Bill has adopted the provisions of the Administration of Criminal Justice Act, 2015 on the humane treatment of criminal suspects, it has outlawed the discriminatory and illegal parade of criminal suspects by law enforcement officers in the state.

Falana argued that the practice of parading suspects is illegal as it constitutes a gross violation of the fundamental right of criminal suspects to presumption of innocence guaranteed by Section 36 of the Constitution and Article 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap A9, Laws of the Federation of Nigeria, 2004.

“It is equally discriminatory as only lowly placed criminal suspects are exposed to media parade by the police and other law enforcement agencies.

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“While poor suspects are paraded for allegedly stealing tubers of yam or telephone handsets valued at N10,000 or less, politically-exposed persons accused of looting the public treasury to the tune of N10 billion or more are never paraded before the media,” the rights lawyer said.

He noted that even though the incriminating statements procured from criminal suspects during media parade are not admissible during trial in criminal courts, they are used by law enforcement agencies to compel members of the public to participate in mob justice,” he said.

Falana argued that they are also used to blackmail judges to convict criminal suspects, with or without evidence adduced by the prosecution.

The senior lawyer hinged his position on three judgments of regional and municipal courts as judicial authorities.

JUST IN: Tinubu, Shettima to pay toll at airport gates

Published

12 hours ago

May 14, 2024

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President Bola Tinubu and Vice-President Kashim Shettima will now pay the required toll whenever they use the gates at airports.

Festus Keyamo, minister of aviation, announced this to journalists after the federal executive council (FEC) meeting chaired by Tinubu at the presidential villa in Abuja on Tuesday.

Keyamo said he presented two memos which were approved by the council.

Details later…

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News

Tinubu suspends 0.5% cybersecurity levy

Published

12 hours ago

May 14, 2024

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President Bola Tinubu has suspended the 0.5 percent cybersecurity levy after criticism and protest trailed the announcement.

Mohammed Idris, minister of information and national orientation, announced the suspension.

Idris said Tinubu directed the Central Bank of Nigeria (CBN) to suspend the implementation and review the modalities for its implementation.

Details later…

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Minister to sue Niger speaker over plans to ‘marry off’ 100 girls, says it’s ‘totally unacceptable’

Published

19 hours ago

May 14, 2024

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Uju Kennedy-Ohanenye, minister of women affairs, has petitioned the inspector-general of police (IGP) and sought a court injunction to halt the marriage of 100 girls in Niger state.

Abdulmalik Sarkindaji, speaker of the Niger state house of assembly, announced last week that he would sponsor the wedding of 100 girls, some of whom were orphaned by insurgency, as part of his Maringa constituency project.

He said he had procured materials for the event scheduled for May 24, and promised to pay dowries for the bridegrooms.

Following the outcry that trailed the announcement, the speaker explained that he was only financing the wedding — not forcing the girls into marriage.

However, Kennedy-Ohanenye said the plan is unacceptable, and that the future of the girls should be a priority.

Speaking to journalists in Abuja on Monday, the minister said a thorough investigation into the circumstances surrounding the issue will be carried out.

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She said the ministry will take responsibility for the girls’ education and vocational training.

“I want to let the honorable speaker of house in Niger state know that this is totally unacceptable by Federal Minister Of Women Affairs and by the government,” Kennedy-Ohanenye said.

“Because there is something called the Child’s Right Act and I said it from the onset, that is no more business as usual.

“These children must be considered, their future must be considered, the future of the children to come out of their marriage must be considered.

“So I have gone to court. I have written him a letter and written a petition to the IG of police.

“And I have filed for injunction to stop him from whatever he is planning to do on the 24th, until a thorough investigation is carried out on those girls, find out whether they gave their consent, their ages, find out the people marrying them.

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“As the speaker did not think about empowering these women or sending them to school or giving them some kind of training support financially.

“The women affairs have decided to take it up and we are going to educate the children.

“Those that do not want to go to school, we will train them in a skill, empower them with sustainable empowerment machines to enable that child build his or her life and make up her mind who and when to get married.

“If for any reason the speaker tries to do contrary to what I have just mentioned, there will be a serious legal battle between him and the Federal Ministry of Women Affairs.”

The minister added that based on the Child Rights Act, every child belongs to the state, hence the rights of every child will be protected from harm and violence.