Yejide Gbenga-Ogundare
Following news at the weekend that police arrested All Progressives Congress (APC) lawyers filing petitions for the party before the tribunal in Rivers State and seized all their documents containing the evidence of alleged electoral fraud, lawyers have stated that it a blatant violation of the law, bizarre development, a violation of rights and proof that Nigeria has become a dysfunctional state.
Speaking with NIGERIAN TRIBUNE on what the development portends for the legal profession, legal practitioners stated that aside from the fact that the action of the police is grossly and patently unlawful and illegal, it is a gross violation of the rights of the lawyers and against the law that guides police operations.
Barrister Toyese Owoade from the Afe Babalola Chambers stated that “it is an aberration or better still a bizarre development. Although Section 4 of the Police Act is replete with extensive functions of the Force, notably, ensuring the arrest of any person reasonably suspected to have committed an offence, can the lawyers be reasonably suspected to have committed any offence? Particularly when the election materials in their possession may have been lawfully obtained from INEC either for their client or by their client in person. The section imposes an obligation on the police to protect the rights and freedom of every Nigerian in accordance with the Constitution of the Federal Republic of Nigeria, the African Charter on Human and Peoples Rights, and other applicable laws.
“Unfortunately, they blatantly violate the laws with funfair.
They have not only violated the rights of the individual lawyers to go about their lawful businesses without fear of intimidation and harassment but the right of their clients to be lawfully and duly represented in court as guaranteed by Section 36 (1) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).
“There are undoubtedly several options available to the lawyers and their clients. Be that as it may, our institutions have continually damaged our democracy and unhealthy politics has eaten deep into our national life, this is unnecessary. The detention of lawyers and continued seizure of the electoral materials may be a ploy to prevent the lawyers and their client from ventilating their grievances within the legal timeframe for making their representations,” he said.
Also speaking, a former chairman of the Nigeria Bar Association (NBA), Ikeja Bar, Dave Ajetomobi said “it is Wike’s law! In Rivers State, Wike is the law the law is what Wike says it is. It shows how dysfunctional Nigeria has been under Buhari. It is the constitutional right of an aggrieved candidate to get the services of counsel of his choice and access the tribunal or court of law to ventilate his grievances.
“But being a dysfunctional nation, anyone who can connect at the highest level can use the police to prevent his opponent from filing a petition challenging the results of an election. That was exactly what transpired in Rivers State. It is a sad testimony of our perpetually nascent democracy.
“The action of the police and their puppeteers are grossly and patently unlawful and illegal. I believe the courts should play its role as the last hope of the proverbial common man in this case by affording the affected party opportunity to ventilate their grievances even if it is out of time so as send a warning to future office abusers that they will not be allowed to deprive citizens of their constitutionally guaranteed right.
“The police authorities also must investigate dispassionately and take disciplinary actions against any of its functionary involved in such a bizarre conduct,” he added.
On his part, Barrister Ademola Amimasaun said “If this occurred yesterday, I would say it were an April fool’s day joke. However, if it were true, my first question would be: Do you file processes on the weekend? Was the arrest one which the Police Act empowered?
Was there an arrest warrant?
“For many reasons which I cannot say until the entirety of the facts are place before me, there is a clear hint of unlawful and or illegal arrest etc,” he stated.
