Super Tv CEO Murder: Police Parade Of Suspect Is A Charade

By Akorede Habeeb Lawal

The Nigerian Police Force occupies a pride of place amongst the
other Nigerian law enforcement agencies notorious for
unprofessional practices. In 2016, it was rated as the worst police
force in the world by the International Police Science Association
and in 2020, it was the reason behind the #EndSARS Protests in
Nigeria. The police no doubt struggles to win the hearts of
Nigerians. It is this desire to “look good” and appear hardworking
by the police and some other law enforcement agencies that has
encouraged the scourge of parading suspects of crime before the
media.

There is hardly any week that at least one state command of the
Nigerian Police Force would not parade a suspect in a media show –
a show where the police excuses its black uniform for a
white-stainless garment while casting the suspect as the problem of
the nation. The show would start by lining up suspects, most times
with their alleged instruments of crimes ranging from machetes,
assorted guns and cartridges to woven charms. In some instances,
suspects are paraded with the results of their alleged crimes. We
have seen suspects of ritual killings carrying the cold heads of
their alleged victims and suspected fraudsters standing before hard
currencies, luxury cars and jewelries. The media would ooze around
the suspects at the police command, ask questions of some of them
and finally round off by publishing pictures of the suspects and
the gory details of their confessions. Recently, the 21 year old
Chidinma Ojukwu alleged to have killed her lover one Mr. Ataga was
the star of the show.

More often than not, the media takes its headline slices off the
suspect before the police even settles down to interrogate the
suspect, thereby derailing the investigation. Going by the report
of incidents in Chidinma’s case credited to the statement by the
Lagos State police public relations officer, she was arrested on
Wednesday night, the 23rd of June in her parents’ house and on
Thursday, 24th of June she was already paraded before the media.
And removing any doubt as to the preliminary state of police
investigation, the police stated that “the case will be charged to
court as soon as the investigation is concluded.” What a shame!

It should be stated straightaway that the media parade of
suspect is an illegal charade. It is unlawful and an infringement
of the constitutional right to presumption of innocence of the
suspect as guaranteed by Section 36 (5) of the Constitution of the
Federal Republic of Nigeria 1999 (as amended). In 2011, a Federal
High Court awarded the sum of N20 million against the Lagos State
Commissioner of Police for parading one Ottoh Obono before the
media as an armed robber, even before his arraignment in court.
Upon the issuance of the advice of the Director of Public
Prosecution, Ottoh was later found to be innocent of the crime.

Like Ottoh, after the charade of media parade, many of these
suspects go scot-free either because they are innocent or the
police really have nothing of essence on them to secure their
conviction. However, what hardly goes away is the stigmatization
and their criminalization in the public. What happens to the 21
year old Chidinma if after having her days in court, she is found
innocent of all charges and discharged? Her image has been
irrevocably blighted!

Another ill of the media parade and the consequent confession
that it often elicits from suspect is that it places undue pressure
on the prosecution and it affects the independence of decision of
the court and the reasons for its judgment. The interested public
would expect the ‘media confession’ to without more, establish the
guilt of the suspect upon arraignment, but the prosecution has a
strict burden of proof to scale in securing conviction and the
court has a constitutional duty to refuse to convict the suspect if
this strict legal burden of proof is not met.

By the provisions of the Administration of Criminal Justice Act
(as well as the extant criminal procedure laws of various states
including the Administration of Criminal Justice Law of Lagos
State, 2011) and the Evidence Act, the ‘media confession’ – the
type elicited from Chidinma – is hardly admissible in law due to
the torture, threat, inducement and promise by the police, that
often precedes such media session. Also, the law demands that a
confession should be in writing and should be made in the presence
of the suspect’s counsel, officer of the legal Aid Council of
Nigeria or an official of a civil society organization or a justice
of the peace or any other person of the suspect’s choice – a
condition that is hardly fulfilled during the media parade.
However, where such confession is admitted because of its
relevance, it would arguably be of light weight in the absence of
other proven evidence of her guilt.

In conclusion, every Nigerian issue has a relationship with the
class of the person concerned. Official corruption is debatably the
most prevalent crime in Nigeria. Farouk Lawan a former ranking
legislator was recently convicted for accepting bribes. Two former
governors, Joshua Dariye and Jolly Nyame have been convicted for
embezzling public funds. A former Inspector General of Police, Tafa
Balogun in actual fact pleaded guilty to charges of corruption and
was consequently sentenced to six months imprisonment. At no point
before, during and after the trials of these “big men” did the
police, EFCC, or other law enforcement agency display them before
the public and invite the media to hear them confess and recount
the way and manner they stole our commonwealth and breached public
trust. It would have been wrong to subject them to such
dehumanizing treatment. It is wrong to subject Chidinma to this
dehumanizing treatment. What is good for the elite Nigerian is also
good for the ordinary Nigerian.

Akorede Habeeb Lawal is a Legal
Practitioner and the immediate past National Assistant Publicity
Secretary of the Nigerian Bar Association

By Akorede Habeeb Lawal

The Nigerian Police Force occupies a pride of place amongst the
other Nigerian law enforcement agencies notorious for
unprofessional practices. In 2016, it was rated as the worst police
force in the world by the International Police Science Association
and in 2020, it was the reason behind the #EndSARS Protests in
Nigeria. The police no doubt struggles to win the hearts of
Nigerians. It is this desire to “look good” and appear hardworking
by the police and some other law enforcement agencies that has
encouraged the scourge of parading suspects of crime before the
media.

There is hardly any week that at least one state command of the
Nigerian Police Force would not parade a suspect in a media show –
a show where the police excuses its black uniform for a
white-stainless garment while casting the suspect as the problem of
the nation. The show would start by lining up suspects, most times
with their alleged instruments of crimes ranging from machetes,
assorted guns and cartridges to woven charms. In some instances,
suspects are paraded with the results of their alleged crimes. We
have seen suspects of ritual killings carrying the cold heads of
their alleged victims and suspected fraudsters standing before hard
currencies, luxury cars and jewelries. The media would ooze around
the suspects at the police command, ask questions of some of them
and finally round off by publishing pictures of the suspects and
the gory details of their confessions. Recently, the 21 year old
Chidinma Ojukwu alleged to have killed her lover one Mr. Ataga was
the star of the show.

More often than not, the media takes its headline slices off the
suspect before the police even settles down to interrogate the
suspect, thereby derailing the investigation. Going by the report
of incidents in Chidinma’s case credited to the statement by the
Lagos State police public relations officer, she was arrested on
Wednesday night, the 23rd of June in her parents’ house and on
Thursday, 24th of June she was already paraded before the media.
And removing any doubt as to the preliminary state of police
investigation, the police stated that “the case will be charged to
court as soon as the investigation is concluded.” What a shame!

It should be stated straightaway that the media parade of
suspect is an illegal charade. It is unlawful and an infringement
of the constitutional right to presumption of innocence of the
suspect as guaranteed by Section 36 (5) of the Constitution of the
Federal Republic of Nigeria 1999 (as amended). In 2011, a Federal
High Court awarded the sum of N20 million against the Lagos State
Commissioner of Police for parading one Ottoh Obono before the
media as an armed robber, even before his arraignment in court.
Upon the issuance of the advice of the Director of Public
Prosecution, Ottoh was later found to be innocent of the crime.

Like Ottoh, after the charade of media parade, many of these
suspects go scot-free either because they are innocent or the
police really have nothing of essence on them to secure their
conviction. However, what hardly goes away is the stigmatization
and their criminalization in the public. What happens to the 21
year old Chidinma if after having her days in court, she is found
innocent of all charges and discharged? Her image has been
irrevocably blighted!

Another ill of the media parade and the consequent confession
that it often elicits from suspect is that it places undue pressure
on the prosecution and it affects the independence of decision of
the court and the reasons for its judgment. The interested public
would expect the ‘media confession’ to without more, establish the
guilt of the suspect upon arraignment, but the prosecution has a
strict burden of proof to scale in securing conviction and the
court has a constitutional duty to refuse to convict the suspect if
this strict legal burden of proof is not met.

By the provisions of the Administration of Criminal Justice Act
(as well as the extant criminal procedure laws of various states
including the Administration of Criminal Justice Law of Lagos
State, 2011) and the Evidence Act, the ‘media confession’ – the
type elicited from Chidinma – is hardly admissible in law due to
the torture, threat, inducement and promise by the police, that
often precedes such media session. Also, the law demands that a
confession should be in writing and should be made in the presence
of the suspect’s counsel, officer of the legal Aid Council of
Nigeria or an official of a civil society organization or a justice
of the peace or any other person of the suspect’s choice – a
condition that is hardly fulfilled during the media parade.
However, where such confession is admitted because of its
relevance, it would arguably be of light weight in the absence of
other proven evidence of her guilt.

In conclusion, every Nigerian issue has a relationship with the
class of the person concerned. Official corruption is debatably the
most prevalent crime in Nigeria. Farouk Lawan a former ranking
legislator was recently convicted for accepting bribes. Two former
governors, Joshua Dariye and Jolly Nyame have been convicted for
embezzling public funds. A former Inspector General of Police, Tafa
Balogun in actual fact pleaded guilty to charges of corruption and
was consequently sentenced to six months imprisonment. At no point
before, during and after the trials of these “big men” did the
police, EFCC, or other law enforcement agency display them before
the public and invite the media to hear them confess and recount
the way and manner they stole our commonwealth and breached public
trust. It would have been wrong to subject them to such
dehumanizing treatment. It is wrong to subject Chidinma to this
dehumanizing treatment. What is good for the elite Nigerian is also
good for the ordinary Nigerian.

Akorede Habeeb Lawal is a Legal
Practitioner and the immediate past National Assistant Publicity
Secretary of the Nigerian Bar Association