BY AWELE OGBOGU
About a fortnight ago, Inspector-General of Police (IGP), Kayode Egbetokun issued yet another directive to ban police officers from randomly searching phones of road users in Nigeria. The directive was sent to all state commands via a police wireless message. The order, which is coming for the umpteenth time, as usual, is high on volume of publicity but low on enforcement. People have asked: “who would we report to and what is the guarantee that we won’t get into more trouble.”
A video of a roadside altercation between a police officer and a man in Nigeria has been shared online with the suggestion that it is a recent incident. In the clip, a tab shows the confrontation beside a car, where the person filming asks the officer why he wants to search his phone. The police officer is seen walking towards the camera as the person filming steps backwards and at several times, the camera is knocked off.
Although the directive was issued to curb human rights abuses, restore public trust and address unlawful behaviours that damages the reputation of the Nigeria Police Force, nothing appears to have changed or will change anytime soon. The directive prohibits: Arbitrary arrests, Unjust detentions, Random searching of phones at checkpoints and Youth harassment.The directive also states that any police officer caught engaging in these prohibited acts will be punished.
There is a presumption that every police officer understands the law but recent experiences of Deltans at police ‘stop and search’ operations at Koka Junction, Asaba, Oleh Roundabout and other parts of the state showed that it is one thing to be an officer of the law, another epithet for policemen, but it is something else to know the limits and nature of police authority, especially as more members of the public are getting to know and assert their rights.
Needless to say, the police have not equipped officers with the requisite skills and know-how to purge society of crime without causing more harm. The ongoing stop and search campaign in Delta State is reportedly to rein in small arms and other weapons in the hands of non-state actors. Investigations showed that this has made life quite traumatic for residents.
The Police Act 2020 “provides that during stop and search, police personnel must seek the co-operation of persons being searched while personal searches must be done by officers of the same sex and out of public view. Before police personnel can conduct stop and search, they must indicate their names, police station, object of search, purpose of search, be in uniform or wear a visible and valid identity card.” It was observed that apart from uniforms cast in the shadow of the night, the police cares less about requirements for a proper stop and search. Also, many of those being frisked were owners of flashy cars, which meant that a car bearing the object of their search but rickety looking could evade their watch.
An owner of one of such flashy cars lamented that “it would be easier to drive through the eye of a camel than hordes of policemen who appear to be after us. All the policemen could say was that they are acting on orders.” As findings showed, a democratized Nigeria Police Force must begin with the police hierarchy. The young driver therefore said “it appears that the flashy cars is their reason for the search while other cars and those on foot are hardly disturbed. With these policemen, you could be armed to the teeth and move around freely as long as you are on foot or driving a rickety car, but hop on a car especially a good looking one and they will take you to pieces”, he said.
His position was corroborated by a security personnel in Asaba who said “the police must stop acting in predictable ways but see intelligence/undercover policing as the way to go as well as deploy sting operations, not announcing to the whole world what they are out to achieve thus putting the criminals at alert.” Unfortunately, this modern style of policing has remained elusive to the NPF. The security expert, Mr. Willie Obaro who manages one of the private security companies in Asaba advocated a “proper balance of individual rights and public/police interest as the case may be which can be achieved through the proper mechanism of policing.”
Not too long ago, a Deputy Inspector General of Police (IGP), Leye Oyebade said “the Nigeria Police Force is ready to improve the procedures of the ‘stop and search’ and other operations in line with the provisions of the Police Act 2020.” Asked about the operations of the police since the Act was signed, he said, “it has to do with implementation strategy and I will say that we are ready because the police must move with time. We cannot be static. We must be ready to move with the change and globally, what is operational is what we are going to do.” But Obaro observed: “Since September 2020 when the Act came into effect, stop and search operations of the police have yet to show that the law is being implemented.” In his remarks, he stated that the police needed to put certain measures in place to ensure the effectiveness of the Act. “The capacity of the men must be built and resources provided and that is why those of us in the security sector are talking about training and re-training of the men for emotional intelligence and for us to know about democratic policing that is needed in a democratic dispensation.
“When you talk about ‘stop and search’ operations, definitely we have to attain a level of training so policemen on ‘stop and search’ missions can attain knowledge and gadgets that can curb indecent or undignified contact with members of the public.”
Another problem caused by police ‘stop and search’ is traffic snarl on the roads. Be it at Koka Junction, Asaba or the Oleh Roundabout in Oleh, a major gateway to Ughelli, Effurun and Warri, which was also visited by our correspondents, a traffic snarl is a sign that a police checkpoint is ahead of you. Given this scenario, motorists rack their brains for alternative routes and where such can be found thereby beating the police to it, it impacts the wider aims of crime fighting negatively.
On the solutions, Obaro posited that police checkpoints have no solution, but that the only solution is to ban them and keep them banned. Curiously, responding to recent questions regarding the indiscriminate checkpoints across the country that disrupt the flow of traffic and encourage extortion and other inappropriate behaviour by police officers, Inspector-General of Police, Olukayode Egbetokun, stated that the Nigeria Police Force cannot vacate the checkpoints. He added that checkpoints are vibrant parts of visibility policing and are crucial to the effective policing of contemporary Nigerian society. This must have emboldened the Delta State Police Command which then ordered the deployment of dare-devil operatives to conduct stop and search in Asaba and other parts of the state.
Following the CP’s action, investigation revealed that Deltans are daily assailed by various acts of abuse of their civil rights by the police who claimed to be exercising their statutory duties. These acts range from unlawful arrests, harassment, extortion, intimidation, false imprisonment, torture and confinement, as well as other forms of inhuman and degrading treatment.
“This is a sad and regrettable reflection of the mindset of a police force that is yet to wean itself from its anachronistic colonial past, where it was set up as an instrument of repression, oppression and victimisation of citizens perceived by the police as their enemies”, Obaro said. In the course of extorting money from innocent motorists queuing up at the checkpoints, the police recklessly use wedges and broken woods to narrow down the width of the expressways.” He gave an instance with the Customs checkpoints, particularly the one between Okpanam and Asaba.
“I have seen the police/customs use excessive force or violence without proper justification to compel motorists to accede to their bids. This resulted in serious harm to motorists and individuals passing through the checkpoints. In some cases, police officers have used the checkpoints such the one at Koka Junction Asaba and Oleh Roundabout in Isoko axis to harass or intimidate individuals, especially if they belong to certain groups perceived to be habitually bad, such as ‘yahoo boys.’
An employee of one of the transport companies in Asaba, Mr. Isaac Ikem revealed that in some parts of the state, one has to stop three to five minutes of driving, approximately 200 meters, as the vehicle slows down due to traffic jams caused by police, military or customs checkpoints. With this ugly situation, travelling round the state has become a traumatic experience because travellers can hardly predict when they will finally reach their destinations.
The prevalence of roadblocks and the extortion of commuters and traders on roads in Delta State has been condemned by the Delta State House of Assembly. A motion was raised at plenary by Hon. Oboro Preyor, the representative of Bomadi State constituency, urging Governor Sheriff Oborevwori to intervene and called on relevant security agencies in the state, including the state Commissioner of Police, Director of Department of State Service (DSS) and the Joint Task Force (JTF), to permanently dismantle and close down all existing illegal roadblocks and tax collection points.
Obaro observed that the police may be aware of some like those at Koka and Oleh but what is currently going on there does not justify their existence. The Delta lawmakers, presided over by Speaker, Rt. Hon. Emomotimi Guwor, had resolved that the individuals responsible for money collection points should be apprehended and prosecuted in accordance with the laws of the state. Hon. Ferguson Onwo, representative of Isoko South II Constituency, further amended the motion to call for the establishment of a special task force by the Governor to ensure the freedom of traders and commuters to use the roads without harassment. During discussion on the motion, Hon. Oboro Preyor emphasized that the roadblocks and unauthorized money collection significantly contribute to the rising costs of goods and services in the state. He also highlighted the physical harm and mistreatment of traders and commuters who challenge these illicit activities. He warned that failure to address this issue promptly could potentially lead to a breakdown of law and order in the state. In their contributions, various members of the Assembly highlighted the criminal nature of those operating these roadblocks and stressed the urgency of addressing this issue. They emphasized that the roadblocks not only violate the law, but have a detrimental impact on the economic well-being of the people of Delta State and Nigerians as a whole. The motion received unanimous approval through a voice vote, demonstrating the Assembly’s collective commitment to combat this issue. The Speaker applauded the lawmakers for their legislative acumen and noted that the motion aligns with the M.O.R.E Agenda of the State Governor on Enhanced Peace and Security.
Recall how a member of the Delta State Police Command, an inspector, Obi Abri, killed one Onyeka Ibe at a checkpoint along Ugbolu-Illah Road in Asaba. The Command’s Public Relations Officer, DSP Edafe Bright, had to concede that the incident happened, in a series of tweets on his Twitter Page. In the tweet titled, ‘Alleged murder of one Onyeka Ibe’, DSP Edafe, said “the Police inspector has been identified, arrested paraded and detained. “The Command assures members of the public and the deceased family of justice”. But the officer has remained in detention while the family still awaits justice, usually delayed in Nigeria. Former governor, Sen. (Dr.) Ifeanyi Arthur Okowa ordered an investigation into the killing of 26-year-old newly-married Onyeka, a thriving businessman whose life was cut short by the trigger-happy policeman. Okowa, had in a statement decried the shooting of the deceased when Abri and his colleagues were conducting a stop-and-search operation along Illah Road. Onyeka and his wife were on their way to a destination in the state when some policemen stopped their vehicle at the checkpoint. After they stopped, one of the policemen reportedly demanded N100 from Onyeka and he paid. It was learnt that after that, Abri approached him again and demanded more money but the 26-year-old refused. It led to an argument and in the process, Abri shot Onyeka in the head.
There seems to be an overkill of security beef-ups in the state. It has sadly created a fresh hurdle for movement round the state. Outside the state, Deltans connecting Onitsha Bridge Head to Onitsha-Aba-Owerri or Umuahia or Port-Harcourt by road said they confront a daunting task due to the heavy traffic gridlock caused by indiscriminate police or military checkpoints along the expressways. A government delegation to Warri from Asaba reported spending 45 minutes at Oleh Roundabout, without apologies from the police. As far as they were concerned, they had orders to search every vehicle passing that road.
Ikem appealed that “the State Government should abate the nuisance at the checkpoints. The excessive number of checkpoints burdening the state’s highways needs to be reduced. “Motorists like us and all individuals, deserve to be treated with dignity and respect. It is essential for police and law enforcement agencies to exhibit transparency, accountability and reasonableness at checkpoints. Extorting money from us not only betrays this trust but also undermines the fundamental principles of justice, fairness and respect for Deltans’ rights.”
A member of the public, Mr. Sam Ihonbere proposed ways to maintain a balance between security and individual rights. “Every motorist is presumed innocent until proven guilty by a court of competent jurisdiction. Therefore, the rule of law ought to reign supreme over the arbitrary and capricious exercise of police power.” Above all, the police was called upon to embrace modern technology to help in discharging its security functions efficiently without the need for physical presence at all times.”
