Femi Falana, human rights lawyer and senior advocate of
Nigeria (SAN), has called on Olumuyiwa Adejobi, spokesman of the Nigeria Police
Force (NPF), to withdraw his statement on how civilians should react to assault
by officers.
Reacting on Saturday to a viral video where two men were
seen wrestling with an armed officer, Adejobi had said “even if a policeman on
uniform slaps a civilian, the civilian has no right to retaliate”.
“More so, if he’s on uniform, it’s an act of disrespect to
Nigeria to beat an officer on uniform. The disrespect is not to the policeman
but to our nation and it’s a crime as enshrined in our criminal laws,” he
added.
“So it’s not a case of what the policeman did that led to
it, but the reaction of the civilians who actually assaulted the police. If
police assault a civilian, you report and actions will be taken to rebuke him,
not to take the law into your hands.”
In a statement on Sunday, Falana said according to the
Nigerian constitution, every citizen is entitled to the right to the dignity of
their person, adding that law enforcement personnel are prohibited from
ill-treatment of citizens.
“Civilians are required to respect police officers who are
discharging their lawful duties. The penalty for assaulting or slapping a
police officer is 3 years’ imprisonment under the Criminal Code,” the statement
reads.
“In the same vein, police officers are equally mandated to
respect civilians. Indeed, section (2)(b) of the Anti Torture Act, 2017 states
that torture is deemed committed when an act by which pain and suffering,
whether physical or mental, is intentionally inflicted on a person to punish
him for an act he or a third person has committed or suspected of having
committed. The penalty for assaulting a civilian is 25 years under the Anti
Torture Act of 2017. In addition, the victim may sue for monetary compensation
under the Anti Torture Act and the Constitution.”
The lawyer, therefore, asked Adejobi to withdraw his “highly
inciting and provocative statement which has given the misleading impression
that the Nigeria Police Force has authorised its officers to slap citizens and
subject them to other forms of torture without any challenge whatsoever”.
“If the statement is
not withdrawn within the next 24 hours, the Inspector General of Police, Mr.
Usman Alkali Baba, should not hesitate to replace Mr. Adejobi with another
police officer who has unqualified respect for the fundamental rights of the
Nigerian people,” Falana added.
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