Home Featured No justification for police brutalisation of Lagos lady – Shittu, SAN

No justification for police brutalisation of Lagos lady – Shittu, SAN

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A Senior Advocate of Nigeria, Wahab Shittu, speaks to Onozure Dania on the lady that was brutalized by policemen on Wednesday at Alausa Ikeja, Lagos
A lady was brutalised on Wednesday by three policemen at Aluasa Ikeja. She was beaten and stripped naked. What is your view on the brutalization of the lady?
The brutalization or dehumanisation of the hapless lady or indeed any human being is a gross violation of fundamental rights, the rule of law, due process and recognised principles of fair hearing. Indeed it was an action that diminishes the police and a descent into the jungle. It was an extra-judicial measure totally reprehensible, savagery and condemnable- and should be condemned by all. The officers involved in the savagery should immediately be arrested, investigated and prosecuted to serve as a deterrent to others. I will propose a stiff penalty for the culprits if found guilty. Our society can only progress if we institutionalise a regime of consequences for criminal infractions
Police brutality in Nigeria is a deeply concerning issue that warrants attention and immediate action. The problem stems from a combination of factors, including systemic flaws, lack of accountability, and inadequate training and oversight within law enforcement agencies.
The impact of police brutality extends beyond individual victims and their families; it affects society as a whole. It fosters a climate of fear, erodes public trust in law enforcement, and hampers the effective functioning of the criminal justice system. Moreover, police brutality disproportionately affects marginalized communities, amplifying social inequalities and perpetuating a cycle of injustice.
Addressing police brutality requires a multi-faceted approach. It starts with a thorough examination and reform of existing police systems and practices. This includes implementing stringent accountability mechanisms to ensure that officers who engage in misconduct are held responsible for their actions. It also involves comprehensive training programs that emphasize respect for human rights, conflict resolution, and community engagement.
Addressing police brutality in Nigeria is a challenging and complex task. However, by acknowledging the problem, implementing necessary reforms, fostering community engagement, and promoting accountability, progress can be made toward creating a law enforcement system that respects and protects the rights of all citizens. Ultimately, a just and fair society requires police officers who serve as guardians rather than oppressors, ensuring the safety and well-being of every individual.
Following the EndSARS protests, have the police learnt any lesson?
The #EndSARS protest representing a massive uprising against the police must not be allowed to happen again.
The police must move quickly to douse this raging tension occasioned by the action of these errant police officers. The police are not entitled to provoke any uprisings.
The newly-inaugurated Tinubu administration must be supported by all, including the police, and unwholesome actions such as that perpetrated against the lady by the affected police officers, is not the way to donate support to the new administration and portrays the police as an institution in a very negative and bad light.
The police should immediately apologise and take necessary and proactive steps to redress the wrong and restore public confidence in the Force.
The police statutorily are to protect citizens and not dehumanise them as reflected in this savagery against the innocent lady
I think the #EndSARS protest has taught everybody a lesson and not just the police. Efforts to address police brutality have focused on a variety of strategies, including increasing police accountability and transparency, improving police training and community relations, and implementing reforms aimed at reducing the use of force and improving police oversight and discipline. I think the government has done commendably well in addressing police brutality since the protest in 2020. I encourage them to do more in order to eradicate the problem completely and promote greater respect for human rights and the rule of law.
What legal action can the lady take against them?
There are civil and criminal consequences for the infractions against the lady by the affected police officers.
The lady is entitled to exemplary/special/aggravated damages against the officers and the police in whose name these atrocities were perpetrated by the rampaging police officers.
Of course, criminal proceedings against the errant police officers is the responsibility of the state. Since all offences are local, the Lagos State Attorney-General should immediately cause an investigation and subsequent prosecution of the culprits. In a civil action, the lady can claim damages for unlawful assault and battery.
It is simple, irrespective of how anyone feels, due process must be followed in addressing the issue. They themselves are also presumed innocent until proven guilty. But aside from the aspect of charging them in court, I believe the police are capable of dealing with them administratively. It is essential to ensure that appropriate measures are taken to address the misconduct and maintain public trust in law enforcement.
A thorough and impartial investigation should be conducted to gather evidence and determine the facts surrounding the officer’s alleged offense. This can be done by an independent oversight body or an internal affairs department within the police force. If the investigation confirms the officers’ misconduct, disciplinary actions should be taken. This can include a range of measures such as reprimands, suspensions, demotions, or termination of employment. The disciplinary actions should be proportionate to the offense committed and in line with established disciplinary procedures.
Along with disciplinary actions, it is crucial to provide training and rehabilitation programmes for the officers. This can help address any underlying issues, educate them on proper conduct, and reinforce the importance of respecting human rights and professional ethics.

What is your advice to President Tinubu on the reorganisation of the police?
The Tinubu administration should effectively and efficiently overhaul the police placing emphasis on training, re-training, professionalism, education, knowledge, competence, character, capacity and integrity in the personnel and recruitment process. Emphasis should be on service delivery quality in the deployment and recruitment of police officers. Regular sensitization is key.
We need a rule-of-law compliant Attorney-General of the Federation and Inspector-General of Police to drive the process.
We also need regular sensitization of police officers including comprehensive welfare and incentive packages for the efficiency and effectiveness of the police.
We equally need to strengthen police and civilian relations at all levels.
The police should be a friend of the people and should be re-oriented to really serve the people rather than constitute itself as an instrument of oppression.
We are in a democracy with maximum responsibility for respect for the rule of law, rights protection, due process, disdain for impunity, respect for democratic institutions and processes, zero tolerance for corruption, and above all good governance.
In all of these fundamentals of the democratic tradition, the police have a unique role to play
The president certainly can take some steps in addressing the issue. We all know that police reform is a constitutional issue, which has been on the lips of many for years. But aside from the issue of state policing, the president can implement some of the suggestions below.
Comprehensive Reform Strategy: Develop a comprehensive and holistic reform strategy for the police that addresses both immediate concerns and long-term systemic issues. This strategy should be based on a thorough assessment of the current state of the police force, including its organizational structure, training programs, accountability mechanisms, and community relations.
Strong leadership and political will: Appoint capable and reform-minded leaders to oversee the reorganization process. Ensure they have the necessary authority, independence, and resources to drive meaningful change. Demonstrate strong political will by publicly committing to police reform and holding accountable those who obstruct or perpetuate misconduct.
Stakeholder engagement: Seek input from a wide range of stakeholders, including civil society organizations, community leaders, human rights groups, and the public. Engage in meaningful dialogue to understand their concerns, experiences, and expectations. Collaboration with these stakeholders will help inform the reform agenda and build trust and support.
Enhancing accountability:  Strengthen the accountability mechanisms within the police force. This may involve establishing an independent oversight body with the power to investigate complaints, impose disciplinary actions, and ensure transparency in the handling of misconduct cases. Implement effective whistleblower protection measures to encourage officers to report wrongdoing without fear of retaliation.
Professionalizing the police: Improve recruitment, training, and career development programs for police officers. Emphasize the importance of ethical conduct, human rights, community engagement, and de-escalation techniques. Provide ongoing training opportunities to enhance professionalism, cultural sensitivity, and technical skills. Develop a merit-based promotion system that rewards competence and integrity.
Police said the lady is mentally deranged and was attacking people, that, that was why they treated her that way. Even if she is mentally unstable does that justify the police stripping her?
Assuming but not conceding that the lady is mentally deranged as allegedly attributed to police response, it is not justification for the police to take the laws into their hands. The police ought to have treated her with decorum and decency.

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