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Assault a civilian and go to jail for 25 years, Senior Advocate tells police officers, rebooking FPRO position

Assault a civilian and go to jail for 25 years, Senior Advocate tells police officers, rebooking FPRO

Clariform Media by Clariform Media
3 years ago
in Editor`s Pick, Explainer, Top Story
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Assault a civilian and go to jail for 25 years, Senior Advocate tells police officers, rebooking FPRO position
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Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has criticised the Force Public Relations Officer, Olumuyiwa Adejobi, on his comments regarding how Nigerians should respond to assault by police officers.

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BASIC FACTS

  • Femi Falana has rebooked the Nigerian police for the position of the Force Public Relations Officer (FPRO) who made a tweet suggesting support for police brutalisation.
  • The FPRO had tweeted that citizens have no right to retaliate if slapped by any police officer, but made reference as to whether the police even have the right to slap citizens.
  • In response a human rights lawyer, Femi Falana, SAN have said that assault on civilians attract 25 years jail term for policemen.

WHAT WE KNOW

Radical human rights lawyer, Femi Falana has kicked against FPRO Muyiwa Adejobi tweets on Saturday, which says civilians has no right to retaliate a slap from any police officer.

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Adejobi irked many citizens on Saturday when he said Nigerians have no right to retaliate if assaulted by police officers. He said police officers are always protected by law against attacks.

However, responding to the statement, Falana said an assault on Nigerians attracts 25-year imprisonment as citizens are entitled to fundamental rights.

In citing the Criminal Justice Act, 2015, and Police Establishment Act 2020, Falana argued that police officers and other law enforcement personnel have been prohibited “from subjecting Nigerian people including criminal suspects to degrading, humiliating or inhumane treatment.”

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NOTABLE QUOTES

Mr. Falana in his response noted that, “By virtue of section 34 of the Nigerian Constitution, every citizen is entitled to the fundamental right to the dignity of their person. Accordingly, no citizen shall be subjected to any mental, physical or psychological torture,” he said.

“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.

“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. In the same vein, police officers are equally mandated to respect civilians.”

Falana`s statement was in response to a tweet by the FPRO saying:

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“Even if a policeman on uniform slaps a civilian, the civilian has no right to retaliate more so if hes on uniform, its an act of disrespect to Nigeria, to beat an officer on uniform, the disrespect is not to the policeman but to our nation and its a crime as enshrined in https://t.co/csNA8rZLJU

— Prince Olumuyiwa Adejobi (@Princemoye1) September 17, 2022”

CATCH UP

Many Nigerians were taken aback by the police FPRO on Saturday as he literally okayed police brutality in his tweets.

“If a policeman in uniform slaps a civilian, the civilian has no right to retaliate. More so, if he’s on the uniform, it’s an act of disrespect to Nigeria to beat an officer on a uniform,” Adejobi tweeted.

“The disrespect is not to the policeman but to our nation and it’s a crime as enshrined in our criminal laws.”

TAKEAWAY

Good Mr. Femi Falana has debunked the FPRO claim with a superior argument based on law.

It’s embarrassing that the Nigerian police of the 21st century operates like a colonial police. No wonder they still prefer to be referred to as a “force”.

Police in most democracies operates with minimal force and have removed force from their name. Here we are been practical asked to offer a second cheek when slapped by an office.

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