The Nigerian Police Force deserved
some condemnations over her dramas with Dino Melaye; senator representing Kogi
West senatorial district on the platform of All Progressives Congress (APC) in
the Senate. The Police strangely arraigned the lawmaker in the magistrate court
right from the hospital successively on a stretcher, first on three charges;
attempted suicide among others in the Federal Capital Territory.
Incidentally,
after securing bail and meeting conditions, Melaye was rearrested by the Police
in the court premises for arraignment the next day on the initial crimes; unlawful
possession of arms among others allegedly committed alongside two others in
Kogi state.
Then, the high number of armed
Policemen guarding the embattled senator right from National Hospital to Kogi
has remained mind-blowing with diverse interpretations in the polity.
The Police actions unswervingly point
to inhumanity to man, meanness, malignity and hostility. To seemingly worsen
the matter, the Senate in solidarity intervened; summoned the Inspector General
of Police (IGP), Ibrahim Idris to explain why a “distinguished colleague” could
be arrested let alone openly treated like a “common criminal” under his watch.
However, the IGP in line with administrative norms appeared through a Deputy
Inspector General of Police (DIG) due to an official engagement in Bauchi, but
was turned down with ultimatum that the Police boss must appear in person.
Since then, the summons has not yielded any positive result on account of IGP’s
purported other engagements.
Without a doubt, the Senate is vested
with oversight functions and therefore can summon any public officers on
national issues. However, where the Senate erred was its rejection of the DIG
assigned to represent the agency. The fiat to make IGP appear in person would
be indispensible if in the course of responses the DIG indicated that some
explanations can only be provided by the substantive head. Until that happens,
IGP statutorily can be represented, competently by his second-in-command.
Nonetheless, it is indeed, aberrational, prejudicial, abuse of legislative
powers and tantamount to undue influence to summon a security agency
statutorily vested with powers to fight crimes for explanations over arrest and
arraignment simply on account that the suspect is a teammate. Public
officeholders including senators are not different from other citizens. Senate
President, Bukola Saraki was put behind the dock last year over corruption
charges but later discharged and acquitted by the court. In other words, the
court is no man’s land. Besides, the requisite standard is proof beyond
reasonable doubts unlike in civil matters.
Now, a holistic approach on the
episodes in line with global standard procedures will satisfactorily exonerate
the Nigerian Police as other operatives globally may not handle it differently
under similar circumstances. The first
reason is that the Police courteously arrested Melaye in good health until the “jumping
out from a moving vehicle” incident and consequently sustained “injury” that
led to admission in the hospital. Had the “jumping out” not occurred,
certainly, the use of stretcher wouldn’t have come in, thus, a self-induced
accident.
The second is that the Police
patiently halted the arraignment to allow Melaye receive adequate medical
attention. As claimed, prior to his arraignment, the National Hospital
discharged and certified him fit to face trial albeit still on stretcher. The
question is; should the Police be faulted for relying on medical report in carrying
out its lawful duties? The answer is emphatically NO. Clearly, the laws that
set up the agency alongside courts that will adjudge the matter prima facie rely on medical reports. More
important is the third reason; distinct locus
situs of the two deeds alongside jurisdiction of the courts.
Logically, it will be off beam for a
security agency to suspend its statutory duties on sentiments. It means that a
suspect on Police wanted notice can take a refuge in a hospital, maybe retire
in perpetuity on a stretcher. As long as the medical reports certified fitness,
any other things should wait. This is essentially on account that the Police
lack powers under the laws to keep a suspect in its custody beyond 48 hours
without arraignment except by court orders. For example, it is excusable to
delay arraignment of suspects the Police conveyed to hospital over illness, but
once certified fit and discharged, the same suspect if kept in the custody
without arraignment, perhaps on sympathy may bring actions against the Police
for unlawful detention. Then to release the suspect already in its net until
appeared fully recuperated will literally reduce such agency as amateur and
inept.
On the numerable number of operatives
deployed to guide the lawmaker who by the Police charges is presently a
suspect, the singular act of overpowering alongside his cronies, the few
operatives probably unarmed that arrested him and escaped from lawful custody
makes it justifiable that the agency can deploy any number of its personnel to
avoid repetition. Unequivocally, no operatives around the world takes it
lightly where suspects resist arrests let alone overpower the agency to
forcefully escape from lawful custody.
Melaye’s hue and cry over fear of
elimination by his political opponents may equally justify the Police deploying
such a number to guide him. Splendidly, the matter is finally before the court which
will inevitably accord fair-hearing to the parties.
Umegboro, public affairs analyst writes from Abuja. (07057101974
SMS-only) umegborocarl@gmail.com
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