The Attorney General of Lagos State and Commissioner for Justice, Lawal Pedro (SAN), has lamented the disregard of some provisions of the Administration of Criminal Justice Law (ACJL) by the police.
In particular, Pedro cited the parade of suspects before journalists, the non-recording of suspects’ statements on video when they arrive at police stations, and the arrest of others in the place of suspected offenders, among the breaches.
Pedro, who was represented by Inumidun Solarin, an official of the Lagos State Ministry of Justice, made this comment at a town hall on police accountability.
“The event, which was held on Thursday in Lagos, was organized by the Rule of Law and Accountability Advocacy Centre (RULAAC) in collaboration with Lagos State Stakeholders Forum on Police Accountability with support from International IDEA.
Highlighting the primacy of the ACJL in safeguarding human rights of Nigerians, Pedro said: “For example, let’s take a look at Section 4 (1) of the ACJL amendment, where it states that: “A 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 offence and is liable for misconduct”.
Pedro added: “Another progress of the ACJL is the regulations for the humane treatment of arrested individuals this is display 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”.
He further added: “Furthermore, the ACJL provides for the recording of statements and the use of technology, to enhance the accuracy and transparency of the system by reducing the issue of involuntariness of statement being raised by defendants when confessional statements are being tendered in Court.”
But some of the provisions of the ACJL face disregard from the police, says Pedro.
He said: “One of the Major challenges is non-compliance with Section 9A by security Agencies; the Law has stated that no suspect should be paraded on media; there are reasons for this, for example, in cases where the Court finds the suspect not guilty and acquits him, what becomes of him?”
He also noted another breach: “We are making an effort to ensure that Police Officers conduct proper investigation and video, including recording of statements by suspects at the station upon arrest and/or in the presence of a lawyer. The provision of the ACJL concerning this aspect conforms with international best practices, and it helps to reduce allegations of torture or any inhuman treatment by Police investigators,” he said.
In his presentation, Dr Lucas Koyejo, the director of NHRC in Lagos, made some critical recommendations which include: the Police Service Commission and other oversight agencies should be granted greater independence and resources to investigate complaints effectively. He said that publicizing investigation outcomes and disciplinary actions would enhance transparency and deter misconduct.
Koyejo also said appointments of senior police officers should be based on merit and experience rather than political connections. He said this would improve leadership quality and foster a culture of professionalism within the Police Command.
He also recommended community policing and public awareness, which can help bridge the gap between the police and the public.
He also noted that some provisions of the Nigeria Police Act 2020 have not been fully implemented. He urged for Full-scale implementation.
In his remark, RULAAC executive director Okechukwu Nwanguma, who was represented at the event by Barrister Samuel Akpologun, said the objective of the engagement was to deepen police accountability.
He said: “As many of you are aware, this Town Hall is part of our 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.”
Other speakers at the event include Mr. Samson Onwusonye of International IDEA, Felicitas Aigbogun-Brai of Lagos Stakeholders Forum on Police Accountability, Blessing from CLEEN Foundation and chairman of the event, Malachy Ugwummadu.
Ugwummadu faults the absence of Police at the town hall despite being featured in the programme.
