Lawyers and police harassment

In the American criminal justice system two bodies are responsible for the investigation, apprehension and prosecution of criminal offenders in the country. The police is responsible for the investigation of crimes, evidence gathering, to apprehension of the offender. On the other hand, the District Attorney’s office made up of legal professionals is responsible for the […]

In the American criminal justice system two bodies are responsible for the investigation, apprehension and prosecution of criminal offenders in the country. The police is responsible for the investigation of crimes, evidence gathering, to apprehension of the offender.

On the other hand, the District Attorney’s office made up of legal professionals is responsible for the prosecution of such offender based on the evidence gathered by the police. 

This genre of justice system provides an enabling environment for a seamless relationship between legal professionals and the police. The police appreciate the essence of law and lawyers to the contribution of a sane society, and accord a level of respect to the legal professionals.

The Nigerian criminal justice system is somewhat similar to the American criminal justice system, the major difference being the use of nomenclature. In the Nigerian justice system we have the ministry of justice at the federal and state levels, headed by the attorney general who acts in the capacity of the government lawyer. The Nigeria Police, aside from executing their statutory duties of apprehension of criminals, and evidence gathering, also prosecute at the magisterial district with no right to address the court, other than a legal practitioner in the legal department of the police force. To my understanding, this additional role placed on police officers other than their legal practitioners to prosecute offenders provides an atmosphere where one sees the other as a competitor, and not a team.

Without a doubt, a society that provides an atmosphere for a seamless connection, relationship and rapport between the police and the lawyers is an organised society with respect for human rights, and rule of law – the twin pillars of democracy. That is why it came as a shock to the Nigerian legal industry, when media houses reported an incident where a lawyer was arrested by the police on the orders of the inspector general, not for committing a crime, but for carrying out his legal duties as a legal practitioner by writing a letter on behalf of a client.

A letter from Prof. Ernest Ojukwu, SAN, to the NBA President said “I write to bring to your attention the spate of police harassment of lawyers across the country especially in most cases where the lawyers were simply carrying out their professional work and discharging their professional responsibility to their clients. The trend at harassing, molesting, detaining and sometimes brutalizing our lawyers by the police is now a growing trend.” 

Some have observed that the reason why police harassment is on the increase against legal professionals is due to lack of proper education in the force, and qualification to gain employment into the Nigeria Police Force should be raised from Secondary School leaving certificate to a higher degree obtained from any higher institution irrespective of the level due to the advancement of the society’s need. 

Another school of thought is of the opinion that the best way to curb police harassment of lawyers or the violation of human rights against citizens is a synergy between the Ministry of Justice, Nigerian Bar Association, and the Nigeria police. There are two sides to a coin, the Nigeria Police has also complained that the acts/conducts of some legal professionals while representing clients before them is unbecoming of gentlemen of the Bar.

To improve on the sanctity of mother Nigeria, there should be an accord between all players involved, not discord. Performance of duties should be for the greater good of the country and not viewed as a competition; focus and efforts ought to be geared on working together in harmony with every one giving respect to whom it is due, this in turn will procreate a Nigerian society devoid of human rights violations, with high respect for rule of law.

Once a country gets it right on the twin pillars of democracy (respect for human rights and rule of law), other vices like corruption, kidnapping, armed robbery would be kicked out from the society. The beauty of it all is that a sane society can be achieved without spending the tax payers money, it is a matter of orientation and acting right, a Nigerian must understand that he lacks the power to deprive another citizen of his life, freedom, property(ies), or choice(s), without recourse to the law.

A lot can be achieved in a society that understands and appreciates the cardinal principles of democracy, allowing government machineries work at its best with no unnecessary blockage, obstacle, or distraction along the way, thus, the Nigeria police must enlighten its officers to comply with the Nigerian constitutional provision guiding the fundamental human rights of the citizens it swore to protect, not just legal practitioners.   

Godspeed!   

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