Juliana Francis
The Network on Police Reforms in Nigeria (NOPRIN), an organisation acting as watch dog over the activities of the members of the Nigerian Police Force has condemned in strong terms, the brandishing of guns in a threatening manners in an Imo State Magisterial court recently.
This was even as the network condemned the arrest and immediate parade of 180 INEC accredited election observers from Osun State before any preliminary investigations showed that they are guilty of the crime levelled against them.
Imo CP Muhammad Musa Katsina
Spokesman for the network, Mr. Okechukwu Nwanguma, who is very worried about the flagrant disrespect for the judiciary by the police, gave a blow by blow account of what transpired in the court after police took some of the arrested observers to the court.
He said: “NOPRIN is concerned about certain issues surrounding the arrest and public parade of the accused persons as criminals, and their continued detention seven days after the police had declared them to be criminals. It was apparent from the statements by the CP Imo while parading the accused persons that the police already had conclusive evidence that the arrested persons were criminal suspects, and therefore were expected to promptly charge them to court for the determination of their guilt or innocence in accordance with the Constitutional guarantees of fair hearing.
“The promptness with which the police paraded them before the media with weapons which the police claimed the accused persons were to use to cause mayhem clearly point to the certainty about the culpability of the accused persons. However, the continued incommunicado detention of the suspects under inhuman conditions, their being denied access to visitors and the delay in arraigning them in court are real causes for concern.
“Their fundamental rights have been flagrantly trampled upon. To start with there are serious grounds to doubt the claim by the police that they found the accused persons with arms and ammunition. The charges so far brought against them do not lend credence to such claims. We are yet to see credible evidence of police claims that the arrested persons were agents of any political party.
“Even if they were found to be so, why has it taking the police so much time, with all the evidence they claim to have, to charge and arraigned them in court? The alleged offence is bailable. They are entitled to be granted bail if the police do not arraign them in court not later than 48 hours after arrest.
“The only attempt at arraigning them in court was five days after they were paraded. The police brought them to the Magistrate court 3, Owerri on November, 18, 2013 – a clear six days after they were arrested and hastily paraded. They were to be arraigned on three-count charges of conspiracy to commit misdemeanour, to wit, unlawful assembly and conduct likely to breach peace.
“However, in an explicable turn of events, the police changed their mind and could not allow the trial process proceed unhindered. In a strange and suspicious volte-face, which hints at some ill- motive and external prodding, the police suddenly seized and took away some of the suspects, shortly before the case was called up. When counsel to the accused brought this
to the notice of the presiding Magistrate, arguments ensued between the defence counsel and the Police Officer in Charge of Legal (OC Legal). The magistrate ruled that the Court will stand the matter down for two hours so that the remaining suspects could be brought back to the court.
“At this point, the OC Legal let loose in the court when he stated that he was returning all the accused persons to police cell and right in the presence of the presiding magistrate, he brought out his service pistol and directed about 20 other gun-wielding policemen to enter the premises.
“These policemen, wielding and corking their guns right in the presence of the magistrate and other lawyers, removed the remaining suspects in the court room back to the vehicle that brought them and returned them to the police cell.
“Until 1.30 pm when proceeding was to resume after the Magistrate stood down the matter, the police refused to come back with the suspects and the magistrate, after waiting in vain for about two hours, had to adjourn the case to December, 6.”
Nwanguma said that it was shocking how the Imo State Police Command could brazenly bring the hallowed chambers of a court and indeed the entire judiciary to ridicule. “Clearly, the whole plot was to frustrate the efforts of the detained election observers, through their counsel to secure bail, which they are entitled to. The question is ‘who is pulling the strings?’ Are
the police for hire?” queried Nwanguma, adding: “We condemn this act of gross misconduct and hereby call on the IGP and the Police Service Commission to investigate it. We are concerned not just because of the grave implications such conducts have for the image of the Nigeria Police and police public relations; but also because of the central role the police occupies in protecting, advancing and sustaining democracy.
“We also call for an investigation into the information we have received that the police in Imo State have a brief to subject the detainees to torture so as to pressure them into self incriminating confessions.”
It will be recalled that on November, 14, 2013, 180 INEC-accredited election observers from Osun State were arrested at Disney Hotels, Owerri, Imo State where they were being trained on election observation preparatory to being deployed to observe the November 16 Gubernatorial election.
They were later paraded before the media by the state’s Commissioner of Police, Mr. Mohammed Katsina who said they were ‘hired hoodlums armed with guns, charms and fake voters’ cards.’
The police further claimed that the observers were planning to join their contacts in Anambra State to cause mayhem and disrupt the Anambra State Governorship election. They had since then been detained at the State Criminal Investigations Depart (SCID), Imo State Police Command Headquarters Owerri and allegedly denied access to their legal counsel.
The arrested persons, comprising 142 men and 40 women, all denied the allegation leveled against them by the police. They insisted that they are members of an Abuja-based Non Governmental Organisation (NGO), the Justice and Equity Organization (JEO), and were accredited as observers in the Anambra State gubernatorial election.
They have also denied the further claim by the police, while parading them, that they (the police) recovered incriminating objects including arms and ammunition from them.
They said the police arrested them while training their members for the election observation and that the police found on them ‘INEC-provided election observation identification tags among other valuables’. They assert that the police planted the weapons on them just to incriminate them.
The Coordinator of the Justice and Equity Organisation, which the observers claimed to belong, Mr. Obafunsho reportedly said: “Our Organization, the Justice and Equity Organization (JEO) accredited as observer in the Anambra Governorship elections of November, 16, 2013 was the victim of police repression and political game. To ensure efficiency and credible observation, we have organized a pre-election training and briefing session for our Observers. The occasion was also used to distribute election observation paraphernalia to our agents for the Saturday elections.
“While this peaceful and unobtrusive process was ongoing, a team of police men, acting ostensibly to protect the interest of some evil minded people swooped on the hotel arrested all the 180 observers and two drivers, mobilized by our organization from across the country and carted away the INEC-provided election observation identification tags among other valuables.
“This urgent public notice therefore became expedient in view of the very reliable information at our disposal, on a planned purported police stage-managed drama, wherein the arrested activists would be paraded as hoodlums and common criminals.”
In their press conference, the police said that two pump action rifles, live ammunition, 15 buses, and other incriminating material were recovered from the group.
While urging the Inspector General of Police to call his men to order, Mr. Obafunsho stated that the “undue militarization” of Anambra State informed their choice of Owerri for the training and briefing of their mobilized observers. “This arrest and detention of well-meaning Nigerians, who have sacrificed their time and comfort for voluntary service in the interest of the nation must be roundly and soundly condemned by all.”
Nwanguma kicked against the practice of parading suspects or persons accused of crime before the media or public, adding that it was prejudicial to fair trial and violated fair hearing guarantees, particularly, the right to presumption of innocence which is the foundation of police investigation.
“Parading suspects before the media also provides a pretext for the police to cover up egregious killings by branding innocent persons as armed robbers,” railed Nwanguma. “The ‘Apo 6’ Abuja in 2006 and Funmilayo’s case in 2008 have both demonstrated this.
“On December 12, 2008 the Ogun State Police Command, in a bid to cover up the extrajudicial killing of an innocent woman and mother of three, Mrs. Funmilayo (aka Mama Shalewa), laced her dead body with charms and paraded her as an armed robbery gang leader. The deceased, an employee of Demirs Farms in Sagamu, Ogun State was on her way to buy petrol for the farm’s generator when she was killed by the police while exchanging fire with fleeing bank robbers.
“The scandalous and yet to be resolved Apo 6 Abuja case in which the police murdered six innocent traders in cold blood, planted arms and ammunition on them, branded them armed robbers and paraded their dead bodies before the media will remain a constant and sad reminder of how cruel and mindless some elements within the Nigerian police can be and why
Nigerians cannot trust them to guarantee their safety and security. They also present clear reasons why Nigerians will continue to doubt the police each time they parade accused persons dead or alive as armed robbers. In many cases, parading suspects before the media is often a prelude to extrajudicial killing.”
According to Nwanguma, NOPRIN was calling for the release of the 182 election observers currently being unlawfully detained under dehumanising conditions at the SCID, Owerri Imo State.
“Abuse of police powers and due legal process, corrupt practices and other unprofessional conduct perpetuate a bad image for the police and corrodes public trust and cooperation. Law Enforcement agencies must conduct themselves in ways that guarantee and invite public support. Wrongful law enforcement methods cannot and does not encourage community collaboration,” Nwanguma argued.
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