How to get Justice against police brutality- Lawyers react BY MR.RIGHTS

How  to get Justice against police brutality- Lawyers react BY MR.RIGHTS.

As we all know, the Police are today committing serious human right violations across the country which involved but not limited to unlawful arrest and detention, assault, extra-judicial killing and so on.

However, it is important that every Nigerian is equipped with adequate knowledge to seek justice against such violations.

In ensuring adequate enlightment on the subject, MR.rights sort the advice of legal practitioners across the country.

According to Dr. Tunji Braitewith, a veteran human right activist who reacted to the question of why police officers abuse and violate fellow citizens, he said, it is caused by low education and the mind set of the people administering law like the police.

The legal icon stated that, the process of investigating and bringing the culprit of violation to justice is so cumbersome. Moreover, there is also the problem of mutual hatred between hardened criminals and the security agents, mortal mutual hatred, i.e culprit just feel that when they spot any law enforcement persons, they must eliminate them. So, the police going out with that mind do not even give criminals any chance and it becomes a war, kill or be killed. These sometime affect innocent people of course. He said

“’This is why I said low education. It shouldn’t be like that, but again, the environment is so corrupt. The security agents see big men engage in eye bulging corruption with impunity and they appear to be untouchable, why they the law enforcement agents earn very little income. So they wreck their anger and frustration on the innocent citizens on the street.’’

‘’Policeman thinks he his under paid and again, the mind set is very barbaric. That is what I call, low education. It is a very serious situation, and only good education and improved welfare service can address this problem’’. Dr. Braitewaite said.

Barrister Bayo Atoyebi, a legal practitioner based in Lagos who also gave his view about the menace stated that, in my view, I think it is because of this long incursion of military into the government.

Barrister Atoyebi noted that, People now have the believe in the saying that, might is right.

According to him, Some of them (police) believe that, when they are in the uniform, paid for by the masses anyway, they can do and undo. When you look at what has been happening in Nigeria, you discover that, security agents that are found wanting are not adequately punished. Somebody that kills, after sometime, you will not hear anything again and the issue will die a natural death.

He advised that, human right people should always pursue issue of this nature and make sure that any security agent that is found wanting is adequately punished. ‘’Once they know that when they cross the line, they would be adequately punished, that there are people that would ensure they are adequately punished, I am sure that there will be improvement. He said.

Barrister Atoyebi also maintained that, It is not correct, very very incorrect for any police officer to assault any individual, but it is equally not correct for the individual to resort to self defence. If you can identify the police, just take his name and report to the authority.

Though, it may take time to get justice, but it is better. Some police believe they are laws by themselves, they believe anything they say shouldn’t be questioned, but it is not correct. They must be questioned. If a police is arresting you, you have the right to ask why; it is your fundamental right. If is your right to know where you are being taken to.

He also noted that, it is wrong for police officer to assault a civilian that didn’t resist an arrest, but it is equally wrong for a civilian to resort to self defence. It is better to follow the proper position. The law of assault is not only meant for civilian, it is meant for every individual including the police. If you report to higher authority, you are bound to be replied. They must reply you. I know a lot of them that have been sanctioned. In Nigeria, we are mostly contended with what can I do, but it shouldn’t be so, you can do much. You are not helpless. Atoyebi said.

While acknowledging the fact that the cost of filing court cases are huge, Atoyebi noted that, there are so many options now, we have the public defenders, national human right commission, and many other outfits rendering free legal services. People should make use of those avenues, adding that, although, they are not widely covered, but even in the states they are, a lot of people don’t know about their existence.

He further added that, like the rivers state governor, Rotimi Amaechi, he went to the national human right commission to complain of violation to his fundamental human right of his people. Mind you, there are some cases that lawyers do as probono (free of charge). When you believe in a case brought to you by some people and you believe they don’t have the financial strength to finance the case, but you have the financial strength to accommodate and prosecute the case free, lawyers do such cases. Some do it for political reason, some are genuinely out of human feeling, but people should know that you don’t necessarily need fund to fight for your rights. He said.

Barrister Victor Ogunbusola, head of chambers Basildon Essex, UK maintained that, the police are able to get away with serious human rights violations due to the various weaknesses within the judicial and justice system, the failures of various safeguards that ought to be in place are not existent, right from the recruitment of police officers to the training, the carriage and use of firearms.

Barrister Victor opined that, there is need for reforms in respect to arrest, and detention of persons, rights of individuals during arrest, rights if individuals upon arrest and conveyance to the police station, rights of persons to silence and self incrimination, right to legal representation e.t.c

According to him, any police officer that hits out at any person without the consent of such individual has committed an assault. Such incident must be reported and complained about. The difficulties arise due to lack of evidence. If a police unjustly assault you, make a complaint in writing to the superintendent of Police. Make sure you have the correct identity of the police officer, contact the police ombudsman, contact a lawyer and begin a civil claim against the police authority.

A legal practitioner based in ilorin, Barrister Abiodun Dada said, most Police officers lack of understanding of the nature of their police job.

However, he maintained that, it is not just police, not all police. There are some that are not well trained or because of the mind they have as at when they joined the police, noting that, some police officers didn’t join because they are interested in the police job, many joined because of unemployment and any job you are doing that is not giving you joy and fulfilment, it is normal that you act in some unfriendly way in it and for that, it better to quit such job. Dada said.

He further added that, as a result of this, you see many people miss behaving, so it’s not just the police that is miss behaving or that trample on peoples right, but selected few that either not properly trained or mostly because they didn’t have much joy doing their job.

Commenting on the remedies to seek when violated, barrister dada stated that, Ordinarily, there is a saying that, two wrong cannot make a right. In life time of Baba Tai Solarin, he said, he his afraid of only one person, the man that carries a gun.

According to him, If such thing (abuse) happens from the police end, all the man that is being harasses needs to do is to be patient.

He concluded that, when you are violated, meet your lawyer if you have one, provided you can identify the police, or walk to or communicate with office of the commissioner of police, narrate your story,(put it in written) and be rest assured they shall get back to you for further action.

Human right abuses are errors that must be corrected- IHRC

The Nigeria Ambassador to the International Human Rights Commission (IHRC), Mr. Abdulrazaq O Hamzat has urged Nigerians to always report every human right violation to correct the error.

Mr. Abdulrazaq who stated this at the Kwara Cultural fiesta event held in Ilorin, the kwara state capital noted that, it is almost impossible to seek justice for violated people if they didn’t come out to report such violations. Adding that, even when abuses are reported and justice is not coming forth, we must continue to report abuses and fight on until justice is secured.

According to the Ambassador, human right violations are errors that must be reported to be corrected. ‘’if such abuses or violations are not reported, there is no way it could be corrected; neither can it be prevented from re-occurring.’’

Mr Abdulrazaq urged Nigerians to utilize the avenues presented by the various human right organizations in the country, including International Human Rights Commission to ensure they secure justice.

However, he called on the Nigerian Government and National Human Rights Commission (NHRC) to partner with the International Human Rights Commission (IHRC) to advance the cause of human rights.