-Precious Ahiakwo-Ovie
In an interview with our reporter, Arochuckwu Paul Ogbonna,a legal practitioner and National Coordinator Civil Rights Council said
“It is absolutely wrong policing. How can you go and arrest an innocent person who has committed no crime just because you want to arrest another. There is no vicarious criminal liability in law .The law is that every crime committed by an individual is for that individual, and it is the responsibility of the Police to arrest the suspect or the person suspected to have committed a crime according to the provisions of the law .
“You arrested an innocent person who has committed no offence; on what basis did you arrest him? It is completely wrong policing and is inconsistent with the Police act.
“What the Police have done is absolutely wrong. The man they arrested without offence should file a suit against them. Petition them to, CP, IG and Police Service Commission.
“Let the Journalist first of all report to the professional body, Nigeria Union of Journalists, Rivers State branch, the NUJ should proceed to court and lodge a complaint both criminal and civil .He should bring a fundamental rights action against the Policemen. His complaint and protest will put a stop to the criminal disposition of some Police officers who act outside the law and put the law into their own hands in other to perpetrate unacceptable behavior in the society.
“What the Police did is totally unacceptable in a democratic society. It is very wrong. Police has the right to go after anybody that has committed a crime but in doing so, they should not put innocent people in between them and their duty. The man is not a Policeman, so what brought him to the activities of the Police?”
Victor Joel Esq, National Legal Adviser of Centre for Basic Rights Protection and Accountability Campaign, in an interview said
“It is quite unfortunate the way the security agencies go about doing their job most times you find out that people are being arrested unlawfully and taken into detention for offence they did not commit.
“Strictly speaking, the law is regards to the fact that provided the person did not commit any offence there is no reason whatsoever for the Police to arrest you and use you as a point of getting some other person. That means the Police has gone beyond what they are supposed to do and now infringe on your fundamental right.
“The action of the Police by arresting a Journalist and taking him to a point where you want to get some other person arrested is in breach of his right and is a violation.
“It ought not to have happened in the first place. He should file a fundamental rights action against the Police claiming damages for such breach of his right that is the position”
Also, Mrs Jane James Esq a lawyer and Chairperson of Legal Care Advocacy Foundation in an interview said the Police in course of their investigation to arrest a suspect can explore different legitimate means. She however said in the case of Orlu-orlu, he can approach the court on legal interpretation of temporary seizure and restriction of his movement by the Police on the day of the incident.
Another lawyer, Henry Ekine Esq who is also the National Legal of Committee for Defence of Human Rights (CDHR) in an interview, said that there is a section of the law that provides that a citizen can assist the Police in course of investigation to arrest a wanted suspect.
Mr. Ekine however, said such assistance by the citizen will be devoid of threat, intimidation and harassment by the Police.
He said if the Police did not apply, threat, harassment and intimidation in using the Journalist to apprehend the suspect, his right cannot be said to have been violated.
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