By A Lagos-based lawyer, Olajide Abiodun has written to the Inspector General of Police over the injustice surrounding police invitations to citizens.
In an open letter dated July 25th, 2022, Abiodun noted that the police or any prosecuting agency do not have a blank cheque to invite citizens or establishment to its station without relevant facts.
“It is evident that the recipient of such incohate invitation cannot prepare for an unknown case not specified with the least of details, it is likened to a market in the dark, it breaches the fair hearing requirements and particularly make rubbish of the hallowed principle of Audi Alteram Partem. These said invites runs contrary to Section 35, 36 and S. 46 (1) of the 1999 Constitution (as amended) and the extant provisions of the Police Act,” the letter read in part.
“In KASAKI A. RAJI V. WEMA BANK PLC (2015) LPELR 41699 (CA), the court held that “what the Law simply requires for the rule on fair hearing to be satisfied is for the person likely to be affected by any disciplinary proceedings to be given adequate notice of the allegation against him so that he can adequately prepare for his defence.”
The legal practitioner argued that once criminal allegations are made against a citizen, it is a constitutional duty of the Police to investigate as stated in Section 4 of the Police Act.
He said, “Although, it is generally not the business of the Court to fetter the discretion of the Police in the exercise of their power by virtue of sections 4 and 24 of the Police Act, to arrest any person upon reasonable suspicion of committing a crime. See FAWEHINMI VS. IGP (2002) FWLR (Part 1355)1376 1377; ONAH Vs. OKENWA (2010) LPELR-4781 (CA).
“However, where the Police use their powers improperly, the citizen or individual involved is at liberty to approach the Court for redress, and the Court will not hesitate to declare any wrong action of the Police null and void if it is discovered that there has been an improper use of Police Power under the guise of the so-called exercise of the power of investigation and prevention of crimes. See OGUEJIOFOR & ORS VS. IBEABUCHT (2017) LPELR 43590 (CA).”
Abiodun said the police officers must learn to treat citizens with respect and dignity, adding that any violation of their fundamental human rights as enshrined in the Constitution should be viewed as sacrilegious.
“It will be very advantageous to the Police and to the Criminal Justice System if the Police or other Sister Agencies can state the particulars of the case being investigated by their esteemed office in respect of which the individual is being invited to their Facility, so as to enable the affected party you seek cooperation with adequately prepare their own side of the matter, if any.
“And such invite should never be translated into an arrest warrant or arrest, thereby making the said invitee to bail him or herself. This is wrong, and has been the cause of citizens unwilling to cooperate with Police investigations,” he added.
