Lagos: Two Lagos-based lawyers, Kehinde Nubi and Okechukwu Nna, have said police must maintain law and order within legal limits and respect human rights.
They stated this in an interview with the News Agency of Nigeria (NAN) in Lagos while reacting to issues of police powers and citizens’ rights.
Nubi, Principal Counsel at Kehinde Nubi and Associates, said police powers were derived from the 1999 Constitution, the Police Act 2020, and the Administration of Criminal Justice Act (ACJA) 2015.
He explained that although police could prevent crime, arrest offenders, and protect lives, such duties must comply with constitutional provisions.
Nubi said the constitution guaranteed rights to dignity, personal liberty, and fair hearing, adding that police must not violate those rights.
He said unlawful arrest, torture, and inhuman treatment were violations of fundamental rights and must be avoided.
Nubi added that courts had consistently held that police powers were not absolute and must not be abused.
He said citizens had the right to remain silent, know reasons for arrest, and consult a lawyer.
He added that suspects must not be forced to confess and must be treated with dignity at all times.
On arrest without a warrant, Nubi said police could act when an offence occurred in their presence or on reasonable suspicion.
He warned that such suspicion must be based on clear, objective facts, not guesswork or profiling.
He said officers must identify themselves, state reasons for arrest, and avoid excessive force during operations.
Nubi added that suspects must be given access to lawyers and their statements must be properly documented.
On detention, he said suspects must be charged to court within 24 hours or 48 hours where no court was nearby.
He described detention beyond such period without a court order as unlawful.
Nubi said victims of rights violations could seek redress through enforcement procedures, compensation, and petitions to relevant authorities.
He warned that erring officers risked disciplinary action, dismissal, or prosecution, stressing that no one was above the law.
Also speaking, Nna, Principal Counsel at Okechukwu Nna Chambers, said arrests without warrants were allowed in certain situations, such as when offences occurred in an officer’s presence.
Nna said that police had no authority to compel citizens to unlock their mobile phones under any circumstance.
He added that citizens had the right to refuse such requests and should be aware of their rights.
He urged law enforcement agencies to operate within the law to maintain public trust and uphold justice.
