Combating the illegal police shootings
By
THE incidence and quick succession of illegal killing of innocent Nigerian citizens by some members of the Nigeria Police Force in recent times has assumed an alarming rate to the extent that we must quickly address it. Indeed, illegal killing of innocent Nigerians was very much rampant when the country was still groaning under the strangulation of military dictatorship. The more disturbing thing is the fact that such homicidal acts have continued unabated even now that we have a civilised system of government and despite the fact that respect for human life is the most fundamental provision in the present basic law of the land, the 1999 Constitution.
In this respect, the right to life, which is clearly entrenched in section 33, sub-section (1) of that constitution says: "Every person has a right to life, save in the execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria."
Many instances of illegal Police/Army killings in recent times readily come to mind. On June 14, 1999 in Warri, a solider opened fire on a young okada (commercial motorcycle, with registration number QE73WNR) rider for refusing to give him N20. In the same year, a conductor was gunned to death by a policeman at an illegal checkpoint at Omole/Ojodu area of Lagos for refusing to part with the same amount of money. On January 29, 2002, a driver and his conductor were again fatally shot for similar reason at Bariga, Lagos by trigger happy and reckless policemen. But they too were not lucky as an angry mob summarily lynched them.
On June 14, 2002, an innocent schoolgirl, named Oluwatosin Adelugba, was again shot to death by a member of the Nigeria Police Force. The killer, who was identified, had reportedly aimed at the conductor of the bus in which the girl was for refusing to give him N20. Instead of the targeted conductor, the young pupil became the innocent victim. Yet, less than two weeks after that incident, two other students, one of them of the University of Lagos-Morakinyo Akerele and Nnamdi Ekwuyasi were shot dead at Falomo junction, Ikoyi Lagos on the Saturday night of June 22, 2002 for allegedly refusing to stop their car when asked to do so by the policemen on duty. Still, there was also the story of a boy, Dakorubo D. Amachree, allegedly shot dead by the Police in Port Harcourt.
From the foregoing, virtually all of these killings are unjustifiable by any stretch of imagination. And most, if not all, of the victims were innocent citizens. Hence, today it has been said that over 90 per cent of Nigerians dislike the Nigeria Police Force. Though they have been trying to disprove their well-known corruption with the excuse that not only the Police but all the fabric of the society is corrupt, but, with due regard to some of them who are dedicated, honest and patriotic, they need to realise that they are mostly criticized because their official duty is to combat corruption for which they are now notorious.
It is indeed a profound irony that the very lives of law-abiding citizens of Nigeria whom the concerned policemen were employed and are paid to protect have now become their target of destruction. Now, section 4 of the Police Act, Cap 359, LFH 1990, which is on the general duties of the Police says: "The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged." As can be seen from the instances of killings stated in the foregoing, unfortunately, the reverse has many a time been the case in recent period.
It is, however, interesting to note that there abound ways of combating the malady of illegal Police shootings. One of the solutions is prosecution. In other words, government, the Attorney-General and the Police should henceforth not waste time in prosecuting any uniformed man against whom a prima facie case of illegal killing or shooting is made. Out-of-court settlement of wilful or careless killing of fellow human beings should no longer be tolerated for, as the saying goes, impunity breeds more crimes. Prosecution will always serve as deterrent to others.
It has to be noted also the allegation that the assailant aimed at another person other than the victim cannot be a valid excuse in the eyes of the law. So also, an unsubstantiated, flimsy excuse of accidental discharge is not a defence especially where the accused allegedly killed when indulging in illegal acts like bribes and extortions.
Accordingly, section 316 of the Criminal Code, Cap 42, LFN 1990, provides: "Except as hereinafter set forth, a person who unlawfully kills another under any of the following circumstances, that is to say;- (1) If the offender intends to cause the death of the person killed, or that of some other person; (2) If the offender intends to do to the person killed or to some other person some grievous harm; (3) if the death is caused by means of an act done in the prosecution of an unlawful purpose which act is of such a nature as to likely endanger human life is guilty of murder. In the second case, it is immaterial that the offender did not intend to hurt the particular person who is killed. In the third case, it is immaterial that the offender did not intend to hurt any person". Section 319 (1) states: "Subject to the provisions of this section any person who commits the offence of murder shall be sentenced to death".
Neither is a plea of provocation an absolute defence. In this regard, section 317 says: "A person who unlawfully kills another in such circumstances as not to constitute murder is guilty of manslaughter". And section 325 provides: "Any person who commits the offence of manslaughter is liable to imprisonment for life".
Criminal statutory provisions such as the foregoing and the certainty of prosecution for illegal killings should be made clear henceforth to members of the Nigeria Police Force by the Police Commands. This will certainly make them shed their toga of recklessness. Certainly, if prosecution and not impunity, is always made the necessary course, instances of angry mobs killing policemen who had allegedly killed unjustifiably without sufficient proof will be minimized or eradicated.
The law court should always be the first resort as witnessed in the case of Oguonzee v The State (1998) 4SCNJ226 because it is most probable that it will do justice to both the accused and the public. In this case, the accused/appellant, a police officer, was charged with murder at the Benin Division of the High Court of Edo State. He had reportedly ordered the deceased who was in his car with his brother to stop at a checkpoint at the Oluku junction of the Lagos/Benin expressway in Benin Judicial Division on August 18, 1994. The deceased, who later exchanged words with the policeman, stopped but not promptly. While asking the deceased questions, the accused reportedly drew backwards to a distance of about seven feet, pointed his gun at the deceased and shot him on the left side of the chest. He died on the spot. Prosecution witness and brother of the deceased, who had ran out of the car to help his dying brother, was similarly confronted by the accused who also pointed his gun at him where upon his fellows in the police team stopped him by shouting, "No, no, no".
The evidence of the prosecution witness was confirmed by another prosecution witness, a medical doctor who carried out autopsy on the deceased. The trial judge convicted the accused of murder. The conviction was affirmed by both the Court of Appeal and the Supreme Court.
Apart from the above, the dependants and parents/guardians of the victims of the illegal police killings should be compensated as decided in Bello v Attorney General of Oyo State (1986) 5NWLR(Pt. 45) 828. In this case, the Supreme Court, applying the Torts Law of Oyo State and the relevant rules of equity, had held that the dependants of an accused, who was executed while still having the opportunity to appeal against his conviction, were entitled to damages.
Another way the illegal police killings can be greatly minimized or eradicated is the eradication of the corrupt and illegal police checkpoints which have now become obvious phenomenon in our cities. The policemen should also constantly be reminded of the oath of honesty, dedication, loyalty and patriotism to which they swore when they were being recruited. Policemen who have been found to be distinctly loyal to this oath or upright and dutiful in their calling should also be rewarded in accordance with section 33 of the Police Act.
April 2003