WHY WE NEVER ASSAULT OFFICERS

Most Nigerians do not view men of the Nigerian Police Force as individuals deserving of our love and respect; and this may be majorly due to the obvious level of harassment, torture and extortion that some of these officers popularly known as “bad cops” mete out on the general public. This varies from checkpoint extortions to unlawful discharge of their weapons to unlawful detentions of suspects to denial of bail to demand for exorbitant sum of money for bail to torture of suspects in police custody to threat to life to refusal to investigate cases without being financially induced to suppression of evidence. The list is endless.

Hence, it is quite understandable when same Nigerians refuse to be sympathetic towards the plight of the officer that was physically and verbally assaulted by Seun Kuti, son of Afrobeat legend Fela.

What is however not understandable is the surprising fact that some Nigerians do not believe or even know that the said actions of Seun Kuti is criminal in nature. It will shock you to know that some Nigerians believe that the only reason officers of the law do not get assaulted is because they are usually armed.  This is an impression that has to be corrected. The only reason why an officer of the law is not to be assaulted by anyone is not because of the arm which is obviously dangerous, but because, he has the backing of the law, and such an act is a crime that is punishable under the law.

By section 98 of the Police Act, 2020.

“A person who assaults, obstructs or resists a police officer in the discharge of his duty, or aids or incites any other person to assault, obstruct or resist a police officer or other person aiding or assisting the police officer in the discharge of his duty, commits an offence and is liable on conviction to a fine of N500,000 or imprisonment for a term of six months or both”  

The law is self-explanatory. Once a police officer is discharging his duty, he must be respected, whether you like the manner he uses in the discharge of his duty or not. If you for some reason fail to respect him and decide to take the law into your hands, remember, that the law would in turn harm you.  Also, of note is the fact that even if you do not assault the officer but incited the person who did, either by words of mouth or aided the person in assaulting the officer, you would be likewise liable.  The section says that the offender upon conviction will be liable to either a fine of N500,000 or six months imprisonment or both. This is subject to the Court’s discretion.

Section 99 of the Act goes further to say;

“ Where a person is called upon to aid and assist a police officer who is, while in the discharge of his duty, assaulted or resisted or in danger of being assaulted or resisted, and the person refuses or neglects to aid and assist, the person commits an offence and is liable on conviction to a fine of N100,000 or imprisonment for a term of three months or both.”

I am bringing this section up because, I have heard a few people say that if they ever see a police officer in need of help, they rather die than render assistance. I would interpret this to mean that if they should see an officer discharging his duty in any form of danger, they would leave the officer to his fate. The wordings of section 99 should change your mindset. If at any time you see an officer being assaulted, you owe him, or should I say Nigeria, the duty of rendering your assistance, discreetly of course. If you believe that assisting him might endanger your life, you can call for help or run to the nearest police station to report. Your refusal to do so, is an offence. What if you see a uniformed man bleeding, or you are called upon by his colleagues to help one of them? Section 99 of the Act says, you should do something to help.

Note: the officer in question must be one who is discharging his duty, not an officer roaming about causing havoc.

In all honesty and sentiments aside, this offence should be taken more seriously in Nigeria. In New York, USA, assaulting a police officer is an offence that can get you a minimum of 2 years imprisonment and maximum of life imprisonment. Probation or fine is not even an option.

WHAT TO EXPECT?

The legal course of action for the police in situation like this.

First thing to note is that the offence in question is a bailable offence. The minute the accused is arrested, the police would take down his statement (which he might decide to write only in the presence of his/her lawyer) as to what transpired and grant him administrative bail. The truth is bail is a constitutional right of every Nigerian, and the police does not have the right to keep a suspect in cell for more than 48 hours. If the officers choose not to grant him bail, they are to take him to the nearest magistrate court for arraignment within the 48 hours.

Arraignment is where the court registrar reads out the charge sheet containing the offence to the accused and asks him if he is guilty or not. If he pleads not guilty, the accused’s lawyer would then make an application for bail. If the accused has no lawyer, and the application for bail is not made, the Court can either just grant the bail or adjourn the matter to another date to allow the accused get himself a legal representation. This simply means that the accused would be sent to the Nigeria Correctional Center (prison) or anywhere of the Court’s discretion, and he/she would have to come to court from prisons.

When the accused’s lawyer brings the application for bail, and same is granted by the Court, the Court would state the bail conditions clearly. Failure to meet the conditions will mean that the accused will have to stay in Prison pending when he perfects the bail conditions. However, if he meets the bail condition, the accused will attend trial from home, but endeavour not to miss a day or risk revocation of the bail.

However, all these can be avoided if immediately after the arraignment, the prosecution decides to withdraw the charge against the accused. In that circumstance, the Court would strike out the case and discharge the accused. The only problem with this is that the prosecution can always bring back the charge, because the accused was not acquitted.