A human rights lawyer, Mr. Femi Falana (SAN), has described as illegal the popular tradition of the Nigeria Police whereby suspected armed robbers, kidnappers and other alleged criminals are paraded in public or before the press prior to charging them to court.
Falana argued that such public parade of suspected criminals were not only
prejudicial but also offensive to the constitutional provision which stated that a suspect was to be presumed innocent until proven otherwise before a competent court of law.
He said that journalists who honour an invitation by the police to cover a public parade of suspected criminal were just as complicit as the police in perpetrating what he described as “overzealous, irresponsible and illegal parade of suspects.”
Falana said he had noted that most of the suspects were usually tortured or cajoled by the police to make incriminating confessions prior to being paraded before the press.
He said he had also noted that after such public parade, the cases of the suspected criminals were often never heard again, because the police allegedly kill them in detention extra-judicially.
The human rights lawyer, who spoke to journalists in Lagos on Tuesday, therefore, urged the Inspector-General of Police, Mr. Suleiman Abba, to “issue a stern directive to all law enforcement agencies to desist from illegal parade and extra-judicial killing of suspects without trial.”
Falana said, “In spite of the presumption of innocence, which inures in favour of criminal suspects by virtue of Section 36 of the Constitution and Article 7 of the African Charter on Human and Peoples Rights Act, the law enforcement agencies in Nigeria have continued to expose accused persons to media trial before arraigning them in courts.
“By subjecting suspects to media trial before arraignment in a criminal court, their fundamental rights to fair hearing and the dignity of their persons are infringed upon.”
Falana said that he had observed that only the poor people were paraded by the police while members of the elite class accused of criminal offences were never paraded. According to him, this disparity is a confirmation that public parade of suspects is an inhuman act meant to oppress the poor, who do not have the wherewithal to challenge the police in court.
“Apart from exposing the country to unwarranted ridicule before the international community, the Federal Government has continued to waste scarce resources on payments of judgment debts for criminal actions of some lawless enforcement officers,” he said.
culled : Punch Nigeria
Any lawyer in house to explain this lay man terms?
I dont understand wat he is saying...who will listen to him wen it comes to the publics judge about offenders
ReplyDeleteVisit my blog
www.glowyshoe.blogspot.com
He is actually making sense
DeleteThank u Mr Falana, only that the NPF is a dead one and filled with bastards.
DeleteAnd he has a point! Police usually do that to give Nigerians the impression that they are working. When they are found innocent in a court of law, do they parade them again to declare that they have been found innocent?
ReplyDeleteYou are very correct. Over zealous
DeleteWhen a new police commissioner is posted to a state,in a bid to show dat dey are workin n he's a no-nonsense officer,dey raid innocent people on d road n mix dem wit some suspects awaiting trial den call for press conference...I hate naija police. Dat was how dey brutalised one man ystaday evenin,claimin he was drunk.dey took his car away n d rest of dem were beating him n dragging him on d floor...how can d police take someone's car away?
DeleteNigerian police are crazy set of people, they can't change even if they change their cursed black uniform to a different colour , they are black in and out, I hate them
DeleteIn Nigeria you are presumed guilty until proved innocent in an incompetent court of police cell after excessive bashing.
DeleteYou of all people should know this is the case Mr Falana. A lot is wrong with our judicial system. Thank God for people like Falana, late Gani Fawehinmi and co, who lend their voices and the capacity of their offices to stand for the oppressed. I just love this man, ever since I met him 3 years ago. Too much wisdom mehn.
The number one problem in Nigeria is the lawlessness. I swear if we start off by observing the law, other things will automatically fall into pleasant places.
Ex, the gross corruption the so called government officials indulge themselves... being law abiding and fearful of the consequences should you be found breaking even the minutest of the rules in our Constitution will make all the so called civil servants run for cover. Those who'll stay will be the ones who truly want to work hard and not sign up as ghost workers. Yet, a civil servant earning 50k a month officially, lavish stupendous wealth even when they don't go to their office for 7 months out of the 12 months in a calender year. Biko,where dem dey find the money? SMH
His request is not unreasonable & is the practice in civilized countries, but look where we are...
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Liflblog.WordPress.com
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Truly said....Nig.police need 2 know this
ReplyDeleteSeriously he has a point. It's wrong. You'll never see the rich ones paraded before the pressmen only the poor ones are being paraded. I seconded the motion jare Mr falana
ReplyDeleteExactly
DeleteHe has a good point
*SipsMoringaTea*
ReplyDeleteNo purge o..lol
DeleteMy dear, no worry. I am on a mission. LMAOOO #HealthIsWealth
DeleteFemi, what if they r caught red-handed?
ReplyDeleteBB even terrorist caught red handed still get a chance in court, remember the Guy's who used meat cleavers to kill a soldier in UK?
DeleteStill doesn't give the police the right to parade them because only a court with competent jurisdiction can find an accused person guilty. You'll be amazed at how many cases people assume are clearcut and straightforward, start getting more complex as the trial commences. The Supreme Court has even held that a court is bound by law to hear and consider any defence raised by the accused regardless of how foolish and ridiculous the defence appears. Even where an accused person enters a guilty plea, the prosecution still has the duty of proving that the facts of the case are not incongruous with the charge.
DeleteI remember a case where the accused allegedly stabbed his wife to death. Guess what his defence was? He said his wife mistakenly fell on the knife! Does it get more ridiculous than that? Lol! It will interest you to know that the case went on appeal because the trial judge, probably irritated by the absurdity of this line of defence, refused to consider that defence and found him guilty. You see? The law and procedures can be amazing if you aren't conversant with the law and court practices.
The Supreme Court ordered the retrial of that case. Of course he was still found guilty but the new judge showed in the record of proceedings that the defence was considered and went ahead to analyse the stupidity and impossibility of such an outlandish claim.
You need to read some law reports, they may qualify for a spot on Saturday laughs.
Loll Ronalda. This case reminds me of the Arowolo guy that killed his wife. Oh boy, that was one hell of a case that I was involved in partly.
DeleteOf course the 'insanity' plea was suggested at the earlier stage, and then man slaughter on the basis of 'self defence"...then a plea on compassionate grounds vis-a-vis his spirituality, which was argued that being a pastor in his local church made him a responsible man and be couldn't have killed his wife bla bla... and finally the coercion to testify for him was done by his pastors and friends to support his innocence.. etc.
Dayummm it was tougher than life itself. Ironically I came in close contact with him barely weeks after the saga happened..while his wife was yet to be buried...*sighs*.. and Arowolo was quite unrepentant, as he was still flirting with the female officer that was investigating his case. I was like what?
Anyway... thank God justice was served. And I won't lie that I didn't feel sorry for him after his verdict was announced. I had to quickly remember the poor lady that was slained in the most gruesome manner in her prime... leaving behind her child and parents. SMH
@sisieko : you can say that again, honey! Until you get to practice law in Nigeria or constantly watch proceedings in open court, you may not appreciate how ridiculous some court cases can be.
DeleteI think I kind of agree with him
ReplyDeleteGod bless this man. He has said it as it is. A suspect is never a criminal until he's proven guilty in the court of law but here they do things anyhow especially if the person is poor. Rich people are never paraded on Tv. He's so right and the IG should do something about this please. Poverty will always remain a bastard.
ReplyDeleteMR EDDY said.
DeleteThose are one of the attributes of a corrupt nation.
^
^
^™THAT EDO BOY.COM~wishes u happy new year.
Otua ko di. This man ji okwu.
ReplyDeleteATTENTION PLEASE AM NEW HERE SO BE NICE TO ME.
Should we fry egg for u because u are new?
DeleteHlp me ask am o. Abi mke we gve u "koko" drink?
DeleteThat's a nice one.
ReplyDelete@iyke via Airtel SIM
True though and I understand his point of view, but this due process kind of thing and protocol doesn't work here.
ReplyDelete"ma'am" Stella (make I find trouble small biko),
ReplyDeletethe bros dey try talk say all these one wey police dey parade suspected criminals for tv anytime them say dem commit crime e dey against the constitution.
this na becos those people dem sammer accuse give say dem commit crime na suspect dem be and according to the constitution dem name na "innocent" and dem go continue to bear that name until the court declare say dem dey guilty.
secondly him come dey say the constitution provide say those people if u notice very well olokpa dem dey knack craze commot for their head before dem carry dem face camera and e be like say dem dey force dem to confess wetin dem no do. infact him dey talk say this procedure no dey ensure the right of fair hearing as the constitution don provide.
but to cut the story short, the one wey concern u and other olofofos (journalists) wey full naija be say, when police invite una come for such parade, both una and the police wey call for the parade all of una follow dey infringe on the fundamental rights of the suspected criminal wey dey confess.infact wetin him mean say the suspect fit sue both the journalists wey report the event and the police for enforcement of his fundamental rights.
My Opinion: the man is correct, only a court of competent jurisdiction has the powers to declare someone a criminal, when u treat the person like a criminal u ve invariably called him one and infringed on his rights. this procedure is unconstitutional and must be stoped.
Wtf are u saying?
DeleteIn house opinion, gbam, your head dey there.
DeleteLet's forget its the norm,this man is right. Femi..kudos for reminding our police
ReplyDeleteNigeria is not that civilized..
ReplyDeleteHe made a good point there tho...
EVEN IF THEY ARE CAUGHT RED HANDED THEY CAN'T BE DECLARED GUILTY TILL A COMPETENT COURT SAYS SO......SO I AGREE WITH HIM 100%
ReplyDelete@blackberry if they are caught red handed it still won't justify the parade.the laid down procedure for bringing a suspect to court must be followed.most of the time when u see accused persons walking home free after trial it is becos the police failed to follow the due process of the law in bringing them before the court.
ReplyDeleteBut he reli has a point...wat if after dis people have bin paraded for d public to see and dey are being charged to court and are f ound not guilty..how will dat person face d society again....it will give a bad name to d person so I support wat dis lawyer said
ReplyDeleteDaddy Falz the bad guy,
ReplyDeleteYou're so right.
A criminal is innocent till further proven guilty by the court of law.
Yes ! Even, if they are caught red handed.
No idea
ReplyDelete#sipsotuokekaikai
Daddy Falz the bad guy,
ReplyDeleteYou're so right.
A criminal is innocent till further proven guilty by the court of law.
Yes ! Even, if they are caught red handed.
Funny enough jes thought about it someday s ago it's not right they still suspect buh it's Nigeria sha and also d issue of keeping pple in detention. Kemi Kane
ReplyDeleteA suspect (even if caught red-handed, @Blackberry), is considered innocent until proven guilty. He is guaranteed fair and unbiased trial. Those are the rights of every Nigerian. Parading such suspects before the public invokes the presumption of guilt and negates the likelihood of a fair trial. It is tantamount to lynching a suspect. In a civilised society, this simply must not be allowed to happen. And I'm not even a Lawyer!
ReplyDeleteThe constitution of FRN as amended in s.36 gives every suspect certain rights which includes right to fair trial amongst others. By parading a suspect before being tried before a competent court of jurisdiction( a court must be competent to hear a matter and must have the power or right to hear the matter ; failing which can lead to an appeal), the suspects rights of fair trial has been infringed upon as the person is or will be judged by the court of public opinion which in most cases ; may affect the outcome of the suspects trial negatively. Extra- judicial killing is where the police on their power kill without court orders in ordinary everyday situation. The police is not empowered to kill. The duties and functions of the police though not expressly laid out under s.214-216 of the 1999 CFRN(as amended) does not include killing without court orders. Na so I fit explain am in lay man's term ooo. Una doe ooo
ReplyDeleteExtra-Judicial killing is a norm with the NPF. I'm going to tell you a story that happened to one of my uncle around 2011..
ReplyDeleteMy uncle was on his way to work (Gateman) at shell warri around 6am for his morning shift, on his way he saw a uniformed officer along d road, he decided to help. Along d way, they talked, laughed and my uncle just felt OK to drop this man off at his station (ekpan). Just as they entered, this police man just started shouting on my uncle, that he was a thief, that how much did they agreed before he entered. my uncle said he was amazed. other officers came and arrested him. locked him up with trumped up charges that he was trying to cheat an ASP. my uncle spent d whole day and night in cell for helping a police officer.
As that ASP was closing around 5pm he told my uncle in the cell that he has forgiven him.that when they call No.9, he shud answer that he would be released. Around 3am d next day, a female officer sneaked to tell my uncle that he should not answer No.9 else he will regret it. Around 5am, another officer was yelling No.9, no answer from anywhere. The DPO was called, day broke and everything was revealed. No.9 was a convicted criminal scheduled to die that 5am. But that ASP has collected N250K from his family and my uncle was exchanged for him..
Helping a police officer became my uncle near death experience.
Now I rather hit a police officer while driving than help them.
My God! You mean this actually happened. Where is our humanity?
DeleteAre you serious? When that policeman start experiencing untold hardship in his life, he will not remember the evil he had done.These our policemen eh, it's only God that will save them. That's why their lives are often wretched due to the curses they have succeeded in garnering from innocent people they have
Deletepunished. You can never see oyibo police people parade any suspected person or persons when caught. They try as much as possible to even hide their faces while the reporters struggle to get a snapshot of the people.
Eh-hen!!
DeleteNaija police we hail thee
Falana is right though
My lord! My god ! What sort of useless person is dat police man? Honestly,Nigeria police are part of d problems in this country
DeleteOMG!!?
DeleteElvis say what?
Thank God for your uncle's life.
Stella post Zarha Buhari's pics that caused madt traffic on twitter yesterday joor, hanhan dint it break your internet?
ReplyDeleteLol...as in eeh
Delete@Femi falana.....I don't think that is right.... We need to see their faces
@Galore
I pray dey don't wrongly accuse u or someone u know...den u'l know it's wrong
DeleteHe had a point n Nigerian police no go hear oooo for their mind dem dey wrk.i no Knw y I no read law,they talk wit so much confidence n sense
ReplyDeleteWaiting
ReplyDeleteDear Williams, a convicted criminal is in prison and not police station. Also all condemned convicts(sentenced to death) are usually housed at the Kirikiri maximum prison in lagos state.
ReplyDeleteBarrister Femi Falana is very correct and on point.
ReplyDeleteHe should go to IG of police and complain
ReplyDeleteNa poor man dem dey show for tv ooo. we never see rich men shown on tv by the police or efcc.
ReplyDeletemr falana I support you on this.the citizens of this country have suffered oppression in the hands of the elites in this country. they police know the thieves because most of them are assigned to guard the thieves and the police assigned to them;do their dirty jobs.how can they be looking for the thieves; when they are with them everyday and guard them from the law getting to them.you can not say that a suspect is guilty; unless proven guilty by the law of the land.IG hear that.
ReplyDeletea.k.a EDWIN CHINEDU AZUBUKO said...
ReplyDelete.
Their business.... Bugas...
*GLO BRING 3G TO KONTAGORA*
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***CURRENTLY IN JUPITER***
For a minute,he had my attention...good observation.
ReplyDeletePls visit my blog
Chinwenmeri.blogspot.com
I have a lot of respect for this Lawyer.
ReplyDelete#1.
ReplyDeleteStells, Nigeria, like most civilised countries, has a fundamental tenet of criminal law where an accused person is presumed innocent until proven otherwise. This rule is upheld in our Constitution. I'll try to explain this as elementary as possible so that everyone can, at least, have an idea regardless of how remote, our criminal justice system works.
Unlike the American criminal system where the option of having your case heard by a jury( a collection of the average citizens from various walks of life) will hear and determine your case then come up with a verdict subject to the overriding discretion of the judge, either guilty or not guilty on whatever counts of whatever charge. Nigerian criminal system gives the power to hear and determine any criminal matter, solely to the judge. So an accused person's fate is in the hands of the judge alone.
A judge is human and has emotions that can be tainted with bias. You know how powerful a 1st impression is? A lady you've never met can catwalk into a room wearing an incredibly short skirt and a blouse with a deep V-neck leaving very little to the imagination. To make it more provocative, she also wears a lot of makeup and the length of her weave reaching her butt, all of this augmented with a 6" high heels. Assuming this lady introduces herself as a medical doctor assigned to give your man a medical check up. Pray tell, what will your reaction be? Would you even bother to consider the fact that she may be the best doctor in that continent? Automatically her appearance has left a very negative impression on your mind that may never be corrected again.
Same with the judges, regardless how experienced and professional a Judge may be, s/he is still subject to having a biased mind. Let's not forget that there are also incompetent judges who know little or nothing about legal procedures and base their judgments less on judicial precedents and more on their perception of the facts.
Now imagine one of those judges watching the news and seeing a group of aggressive looking and roughly dressed boys, some wearing only their shorts, being paraded alongside weapons like guns, bullets, axes etc. What impression do you think the judge will get?Even you as an individual watching, will conclude their guilt without wanting to hear their side of the story or considering whether they were manhandled by the police. This emotion will be further heightened if you or a loved one has suffered a criminal attack. In your mind, they are already guilty and should be punished immediately. It's like putting a legal cloak on the jungle justice mentality.
#2.
ReplyDeleteAssuming one or two of the suspects are innocent, how can they get a fair trial when almost everyone including the judge about to try their case, already has a biased mind? The Blackstone's ratio is a principle that "it is better that 10 guilty persons escape than that one innocent suffer". It means instead of mistakenly convict an innocent person, it's better 10 criminals are set free because there's a reasonable doubt as to their guilt. After all, if they are really criminals, chances are that they will commit another crime and end up being punished.
The beauty of the law is that you must obey it whether or not you agree with it. The law stands and must be implemented but of course, it appears most of the elite are above the law, especially in Nigeria.
By parading suspects, their fundamental human rights are being infringed and most human rights activists keep drawing the minds of the public to this anomaly. This is one of the most prominent grounds for an appeal in criminal cases and it has been known to be corrected by various levels of Appeal courts. There are a plethora of decided cases where the court of Appeal/Supreme Court held that the court of 1st instance erred by disregarding the principle of fair hearing, and the accused person was either discharged and acquitted or the case referred to another court for retrial.
It is seen that the media helps in breaching the suspects' fundamental human rights because they do the coverage and the broadcasting. Now, whether or not it is within the job description of Journalists is an argument for another day. In developed countries, you hardly see suspects paraded without the images of their faces blurred out to avoid recognition. What is common is the media coverage of the trial. Once a person has been formally charged with a criminal offence, the media is free to disclose the identity.
I hope my explanation helped. I'll be glad to answer relevant questions for further clarification where necessary.
Very intelligent analysis from my one and only Ronalda.
Delete#Hugs
I love the way you broke it down to the last bit for us.
God bless you.
Please don't ever stop commenting. I look forward to your comments.
Chop knuckle my dear.
Kudos to Mr Femi for raising this point.
I hope it's looked into by the relevant authorities.
Thanks Genny, my enchanting rainbow!
Delete#hugsnkisses.
Gbam. C'est fini
Delete