Prominent civil Rights advocacy group: HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has condemned the absolute disrespect and disregard to the plethora of pro-human Rights provisions encompassed in the Police Act of 2020 by the Nigeria Police Force, Ebonyi State Command in the reported manner of gestapo type invasion of the Owerri home of the Youth President of Ohanaeze Ndigbo Mr. Igboayaka Igboayaka and his arrest in a manner that graphically painted the operatives just like kidnappers.
HURIWA stated that from credible eye witnesses, the information in circulation depicted the methodology applied by those who carried out the arrest just like the method in use by bandits and kidnappers which is not in line with the clearly stated provisions of the law including the Nigerian Police Act of 2020.
In a media statement by the National Coordinator Comrade Emmanuel Onwubiko, the civil rights group, HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) said only kidnappers would invade someone’s home and abduct him to an unknown place without duly informing his next of kin and his legal representatives as clearly enunciated in the Nigerian Police Act of 2020 which provisions are binding on all authorities and persons within the police force. HURIWA said the Ebonyi state police command is not above the law and shouldn’t be allowed to get away with impunity and lawlessness.
Besides, HURIWA faulted the Ebonyi state police command for effecting the arrest even when by their own admission, the police is still investigating the petition filed before the police against citizen Igboayaka Igboayaka. Why arrest someone under a probable allegation which even by your own admission is not yet substantiated since investigation is ongoing?
HURIWA said it is unconstitutional to deny a citizen the fundamental freedoms of movements and liberty when the police force has nothing concretely established to pin the individual to any kind of offence that could warrant prosecution before a competent court of law just as the Rights group has demanded the immediate release of the Youth President of Ohanaeze Ndigbo.
For the avoidance of semantic gymnastics or unnecessary arguments, HURIWA affirmed that the police Act of 2020 makes it mandatory on the police officer or any other person authorized to effect an arrest to inform the suspect his rights to:
i . Remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice. See Sec. 35(2)(a).
ii. Consult a legal practitioner of his own choice before making, endorsing or writing any statement or answering any question put to him after the arrest. See Sec. 35(2)(b)
iii. Free legal representation by the Legal Aid Council of Nigeria or other organizations where applicable. See Sec. 35(2)(c).
HURIWA also asserted that the extant Police Act also makes it mandatory on the Police to notify the next of kin or relative(s) of the suspect immediately after the arrest of the suspect. See Sec. 35(3).
A suspect shall be accorded humane treatment. And a suspect shall not be subjected to torture, cruelty, inhumane or degrading treatment. See Sec. 37.
The statement of a suspect can be taken only when he wishes to make a statement. See sec. 60(1).
HURIWA quoting legal positions by experts, emphasized that the statement, where the suspect wishes to make one, MAY be taken in the presence of a legal practitioner or any other person or organization of his own choice. See sec. 60(2).
Just as where a suspect is arrested and detained for more than 24 hours, if the offence he was arrested for is not a capital offence, his lawyer or relatives can notify any court that has jurisdiction to try the matter about his arrest. See sec. 64(1). The notification can be made in writing or orally. See sec. 64(3).
HURIWA said that from all available public information, those who arrested the Youth President of Ohanaeze Ndigbo didn’t follow these procedural steps encapsulated in the extant Police Act of 2020, as amended.
HURIWA also recalled that the federal Attorney General and minister of justice Prince Lateef Fagbemi (SAN) had warned police officers against embarking on illegal arrest of citizens just as the Rights group said the manner of ‘abduction’ by the operatives of the Youth President of Ohanaeze Ndigbo makes it unconstitutional and illegal because those who arrested him did not follow the provisions of the law as clearly enunciated above.
HURIWA is therefore calling on the Federal Attorney General and minister of justice to carry out his threats against unlawful acts by the Ebonyi state police command by ordering the immediate release of the Youth President of Ohanaeze Ndigbo who was clearly taken away in a manner in which the eye witnesses concluded that those who took him away were kidnappers.
HURIWA recalled that the Ebonyi Police Command had rebutted the reported abduction of the President of Ohanaeze Youth Council, Mr Igboayaka Igboayaka, saying that he was in police custody.
The rebuttal is contained in a statement issued in Abakiliki by the command’s Spokesman, SP Joshua Ukandu, and made available to newsmen on Monday.
Ukandu stated that Igboayaka was not abducted but detained by the command “over false information”.
“The Ebonyi Command is aware of the information circulating in the media, alleging the abduction of the President of Ohanaeze Youth Council, Igboayaka, on February 8.
“To clarify the issue, Igboayaka was arrested by officers from the command based on a petition submitted to the Commissioner of Police, which alleged he disseminated false information capable of truncating peace and destabilising communities in the state.
“The command is currently investigating the allegation, and once the investigation is concluded, he will be charged to court.
“Furthermore, the command affirms its commitment to carrying out its mandate within the bounds of the law, while respecting the rights of individuals,” Ukandu added.
HURIWA however condemned the Ebonyi state police command for the egregious violations of the constitutionally guaranteed human rights of the Youth president of Ohanaeze Ndigbo Mr. Igboayaka Igboayaka just as the Rights group reiterated her call for his immediate release from police illegal detention because the constitution even recognises an accused person as being innocent in the eye of the law until a contrary determination is reached by a competent court of law listed in section 6 of the constitution of the federal Republic of Nigeria of 1999, as amended.
*Comrade Emmanuel Onwubiko,
National Coordinator,
HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA).
11th February 2025.
