Lagos State government kicked against arresting another person over someone’s offence

ZStanley Ihedigbo

Lagos State Government has strongly condemned the practice of arresting innocent persons for others’ crimes, emphasizing that such actions are unlawful and unacceptable.

Also, stakeholders expressed disappointment as some Divisional Police Officers invited failed to attend the crucial stakeholders’ forum, sparking concerns about the police’s commitment to community engagement and collaboration.

Speaking at the Lagos State stakeholders forum on police accountability, with the theme;” Human Rights, Police Accountability and Criminal, Honourable Attorney General and Commissioner for Justice, Mr. Lawal Pedro, lamented that person shall not be arrested instead of any other person in a criminal matter” and the law further states in subsection (4): “A person or law enforcement officer who arrests in contravention of subsection (1) of this section commits an offense and is liable for misconduct”.

He further said the Lagos State Administration of Criminal Justice Law (ACJL) is a vital legislation designed to streamline and improve the criminal justice system in Lagos State.

” It aims to ensure fairness, efficiency, and the protection of the rights of individuals within the system. This law came into being in the year 2015 and has now been amended in the year 2021 as the law must be dynamic to reflect the prevailing circumstances in the State. In discussing the progress of the ACJL, we cannot overemphasize the impact of the Law as it relates to Human Rights and the accountability of the Police to the citizenry and the State as a whole. The ACJL emphasizes the protection of the fundamental rights of suspects and defendants. This includes provisions against unlawful arrest, detention, and torture.

” This is displayed in Section 9A of the Law, which states that: “As from the commencement of this Law, the Police shall refrain from parading any suspect before the media”. Section 17 provides for the Rights of the suspects not to be dehumanized by any law enforcement agency or arresting body. It provides clear guidelines for arrest procedures, including the requirement to inform arrested persons of the reasons for their arrest,” he explained.

The Commissioner represented by his Special Adviser, Bar. Innumidun Solarin, further explained”, The law seeks to expedite criminal proceedings, reducing delays in the administration of justice. Any objection to the sufficiency of the proof of evidence is to be taken by the trial Judge after the Prosecution has closed its case. This is to eliminate unnecessary delays associated with objections in Court.

“Also ACJL is as it relates to plea bargaining as provided for in Section 77. It promotes measures like plea bargaining to streamline certain. The ACJL introduces modern practices during court proceedings for witnesses who are out of the jurisdiction or who cannot give evidence physically this is provided for in Section 200 (1) -(3), and this allows the witness(es) to tell their own story without physically appearing in the court.

” Furthermore, the ACJL, such as the recording of statements and the use of technology, enhances the accuracy and transparency of the system by reducing the issue of involuntariness of statements being raised by defendants when confessional statements are being tendered in Court.

“The introduction of the Lagos Criminal Information System (LCIS) is to help create a database of persons who have come in contact with the Criminal Justice System. We now have a system where information on people in custody can be tracked, d thereby reducing the awaiting trial inmates syndrome. This has helped in ensuring the timely provision of inmates in courts for speedy determination of cases, thereby reducing congestion in the final stage”, he emphasized.

In his speech, tagged,” Police accountability in Lagos State: An Appraisal”, Director, National Human Rights Commission (NHRC) Lagos State, Com. Lucas Koyejo noted that the Nigerian Police Force has long been criticized for human rights violations, including extrajudicial killings, torture, and arbitrary arrests.

“Lagos State, the most populous and economically significant state in Nigeria, serves as a critical case study for assessing police compliance with international human rights standards. Police accountability is a critical issue in Lagos State, given its role as the country’s economic hub and most populous state. The Lagos State Police Command is tasked with maintaining law and order. However, systemic challenges such as corruption, politicization, and weak oversight mechanisms have hindered effective accountability. This appraisal evaluates the current state of police accountability in Lagos, highlighting key issues, recent developments, and recommendations for improvement.

“Appraising Police accountability in Lagos State is very important due to the role of the police in maintaining law and order, without which we cannot have a safe, secure, and prosperous State. It is also pertinent due to the inglorious history of human rights violations and corruption that has plagued the Nigerian police force. In appraising the police in Lagos State, several aspects will be considered, which include institutional frameworks, challenges, recent reforms, the role of civil society, and the impact on compliance with international human rights standards expected of the police.
Historically, the Nigerian police force, including the police in Lagos, has been negatively noted for its involvement in human rights abuses, such as extrajudicial killings, torture, arbitrary detention, and extortion. Police brutality, in particular, has been a long-standing issue, with Lagos often at the center of high-profile cases of misconduct.

“The Special Anti-Robbery Squad (SARS), which was disbanded in October 2020, was one of the most controversial units of the Nigerian police force. SARS was originally formed to address armed robbery and violent crime, but it became notorious for its involvement in extrajudicial killings, illegal detentions, torture, and extortion. Lagos, as one of Nigeria’s largest and most economically significant states, became a hotbed for SARS-related abuse. The End SARS protests in 2020 were a major turning point for police accountability in Nigeria, including Lagos State. As a result, the federal government disbanded SARS, but concerns regarding police brutality persist.

“While the disbandment of SARS was a significant step, it does not address the systemic issues within the police force as a whole. The root causes of police misconduct, such as inadequate training, poor working conditions, insufficient oversight, and low pay, were not fully addressed. One of the most important legislative reforms in recent years was the Police Act of 2020. This Act was passed to improve police operations across the country, including in Lagos. It addresses key issues such as:
Welfare of police officers: The act mandates improved salaries, better training, and better working conditions for officers to reduce corruption and encourage professionalism.

“It introduces stronger measures for disciplining errant officers, with clearer processes for investigating allegations of abuse. The Act envisions strengthening community policing, encouraging cooperation between citizens and police to tackle local crime issues. The Commission investigates and disciplines officers involved in misconduct, abuse of power, or violations of human rights.
The PSC monitors the conduct and performance of police officers to ensure compliance with professional standards and ethical behavior,” he stated.

Executive Director, Rule of Law and Accountability Advocacy Centre (RULAAC), Com. Okechukwu Nwanguma explained that the event was part of their ongoing commitment to fostering dialogue and collaboration between civil society organizations, law enforcement agencies, and other stakeholders.

” It is particularly significant as we reflect on the progress and challenges we face in promoting human rights and accountability within our policing systems. The Lagos State Stakeholders Forum on Police Accountability was established in 2018 under the Nigeria Policing Project (NPP) of the British Council. Its purpose has been to create a robust platform for civil society organizations, including the National Human Rights Commission (Southwest), to engage with the police and other criminal justice institutions. Together, we have aimed to enhance the capacity of police accountability units and empower citizens to effectively utilize existing mechanisms to address police abuses of human rights.

“We aim to strengthen the dialogue between police accountability units and the community. By sharing insights, experiences, and challenges, we can foster a mutual understanding that leads to more effective policing strategies and enhanced community safety. We will discuss initiatives to further build the capacity of police accountability units, ensuring they are equipped to address the concerns of citizens. This involves training, support, and the establishment of clear channels for reporting and addressing grievances related to law enforcement practices.

“Citizens must be aware of their rights and the mechanisms available to them. Through this Town Hall, we hope to raise awareness about human rights and the importance of accountability within our law enforcement agencies, encouraging an active and informed citizenry. We are privileged to have esteemed speakers and panelists with us today who will share their insights and contribute to our discussions. Your participation is vital, as it reflects our shared commitment to advancing human rights and promoting accountability within our policing system.

“Without meaning to pre-empt our distinguished speakers, let me note that effective police complaint mechanisms are crucial for promoting accountability, transparency, and trust in law enforcement. To achieve this, such mechanisms must adhere to key values, including, ensuring that the public is aware of the mechanisms for reporting and resolving service failure complaints, providing clear information on the complaint process, timelines, and outcomes, ensuring that the complaint mechanism is impartial and free from undue influence and treating all complaints equally, without bias or discrimination”, he emphasized.