Friday 18 May 2018

How police, FRSC, LASTMA, others violate rights of Nigerians


Nigerian roads can be uninteresting for motorists and pedestrians. The roads are flooded with countless government officials who, rather than ensure sanity, harass the individuals.
They are also hard to overcome going by the unnecessary bureaucracy involved in fighting for one’s right. As a result, no longer do many people care to worry about their rights. On most occasions, they simply give in to the corrupt tendency and save themselves of the stress of being pushed back and forth unnecessarily.
But the fact remains that most people that have been exploited on Nigerian roads have rights. It is imperative for them to know them so that they will know where they have gone wrong or a just victims of exploitation.

The Principal Counsel of a law firm located in Ikeja, Lagos State, Jiti Ogunye Chambers, Barrister Jiti Ogunye, spoke to The Next Edition on the need for people to know their rights. Here are some of the highlights:
Police checking people’s phones
The Police have the power to conduct searches. Under Section 4 of the Police Act which is the general section, they have the power to detect crimes when they are yet to be committed, to foil an attack and apprehend accordingly.
However under the Criminal Justice Act, there are specific commissions covering searches. They have to obtain warrants. There are offences where no arrest can be made without a warrant, but in some cases arrests can be carried out without a warrant. In the event a cursory search turns up anything, they can carry out an arrest. It is the arbitrary nature of how this is done that poses a problem as it infringes on rights.
Searching phones without proper intelligence is the height of illegality as it infringes on the privacy rights of citizens. It is illegal, unlawful and unconstitutional. They have no right to do this. Unless there is specific Intel that states a particular crime has occurred or is in progress, based on this they can intercept and carry out search. Such searches must be based on reasonable intelligence.
Different law enforcement agents and their excesses
The public officials that manage our roads are many – They include the Federal Road Safety Corps and the Police. Policemen, even when the inspector says that is not their duty post they still patrol. We have SARS as well. Sometimes, Customs patrol the roads claiming to check smuggled goods including cars; NDLEA as well claim to check for drugs and so on. They all have a right to carry out their duties within their mandates as they do not necessarily need to sit in their offices to detect crime.
LASTMA can intercept you if you beat the traffic light as doing so poses a traffic offence. It is within their mandate.
If the phone is not held to your ear and your hands are on the steering you are not committing a crime. Most cars are now enabled to receive calls via the car speakers, your phone could also be on speaker and on your dash or passenger’s seat. Then, violation is driving with one hand with the phone in the other hand. They have the right to regulate conduct and enforce the law. Where the problem arises is when they become arbitrary in exercising this authority and when they become out rightly corrupt. If your vehicle is at a standstill in traffic and you flip through your phone to check the map on where you are headed or even check a text, you are well within your rights. You are not allowed to use your phone while your car is in motion according to the law. For them to detain you for this is arbitrary and unlawful.
Federal Road Safety Corps, FRSC, as their name implies, their duties should be on federal roads not on inner city roads and corners. Their duty is not to ‘hide’ in inner city roads to extort and make revenue.
However while they are on duty even ‘illegally’ on inner city roads, their duty is to determine if a person is trained to drive, that’s why they ask for the driver’s license. They don’t have the right to check particulars as that is not safety issue, unless there is a document they need to see that relates to a safety issue. They are authorised to check your fire extinguisher and caution sign as that relates to road safety. The Federal Road Safety Corp is the proper authority to check all motorists on adhering to road safety as the name implies.
Soliciting prostitutes
As prostitution has not been legalised in Nigeria, the law allows for both the solicitor and the prostitute to be arrested.
Doing legitimate business at night
As long as there is no curfew, the police are not allowed to arrest citizens doing legal businesses at night. The vagrancy law was abolished way back in the military era. As long as you have identification card and are going about your business, you are not committing a crime. However the police can question a solitary figure with suspicious equipment at night. It is their duty to not only apprehend after a crime but also to prevent it.

No comments:

Post a Comment

Featured post

Learn digital marketing free

Hi do you like to learn new skills? Do you want to know how to sell your product & services online? will you like to be a digital market...