Law enforcers or ...

With the introduction of various legal policing units on the road such as lastma, VIO, in the market and on the road(kai) and the Abuja SURE-P, the Police and the likes of them. Most of you may be as confused as me, but one thing i have observed is that a good number if Nigerians have no idea of their legal rights. Democracy may be said to exist but basic freedoms we are born with are either submerged or exploited by some of these so called government bodies and officials put into power by those we trusted and voted into office.

Take for example the basic police check points in the country that vary from the unexplained & illegal points in the city both on major roads & even in traffic. These officials box-in cars in traffic knowing fully well they that such act can be said to be trespassing. 

This brings me back to those basic things we ought to know; so what are your rights when a police man stops your vehicle on the road either in motion or at a halt? Is he allowed to board your vehicle? Must you be obliged to submit to a stop & search? What are the implications to resisting? Do they have the right to board your vehicle without your permission? What documents must you have in your vehicle? What documents do they ask you to present that does not exist?

S. 214 of the 1999 constitution FRN made provision for the Police force and S. 4 of the Police Act provides that:  The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or outside Nigeria as may be required of them by, or under the authority of this or any other Act.

The whole of chapter IV of the same constitution provides for basic right that each citizen have. That is, you do not have to pay for it, you don't have to bribe, or even work for it. These basic rights are for all and not a chosen few. These right vary from life, to human dignity, fair hearing, personal liberty etc ( let me know if you'd want a list of them) 

Now we must know that in detection and prevention of crime, the police have the right to stop and search anyone at any time, however please note:

YOUR RIGHTS 

- You have the right to remain silent. If you wish to exercise that right, say so out loud. 

- You have the right to refuse to consent to a search of yourself, your car or your home. 

- If you are not under arrest, you have the right to calmly leave. 

- You have the right to a lawyer if you are arrested. Ask for one immediately, and you can get one free of charge

- Regardless of your immigration or citizenship status, you have constitutional rights.

So I have had a few encounters with some of the policing units earlier mentioned, however I have picked the three scenarios that stood out for me

Scenario 1

I had just resumed law school and decided to stay off campus for a few weeks, this faithful morning the driver was taking me to Law School in Bwari. It was only about 8:30, already in Bwari town, from my sleep I heard a battalion of people screaming park there. So I got up, what's the problem I asked, they continued talking to the driver ignoring me totally. Can we see your particulars (lol), the driver gave them, your license, he handed that over now seeing that all was intact. The police man turned and said this is a company car, I replied him that it was my mum's company car, bizarrely he asked why didn't you tie a dustbin up at the back seat. Apparently it's a law that company cars, not buses should have a plastic bin and some other very silly things on the list he handed to me. It was at this point that I lost it, I came down from the car and said he needed to show me where in the constitution or any other Act that passed this law. Then he said he had to call his oga, who came running thinking they had found meat for the day,  he came & started quoting all the laws I knew, and knowing that I had barely started law school, my brain was oozing these sections. The man quickly asked, please are you a lawyer, I said yes and infant am ready to take this case to any length as his boys had kept me there for about an hour and I was late for my lectures in law school. Then speech changed, oh madam we are very sorry, you know these boys...excuses.com....

Then one of the boys murmured...all these lawyers self, trust me to reply, I said its not about lawyers but about knowledge. If I didn't know my right, these people were going to deflate the tyres if I didn't pay 15k fine on the spot. What sort of crime detection and prevention is this, this is the highest level of exploitation and taking advantage of those you are to protect. It made me sick to my stomach, although they let me go with an apology, but they had taken money from other road users who had no slightest clue what they ought to do or say.

To be continued....

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