Human Rights Writers Association of Nigeria (HURIWA), has condemned in strong terms what it described as 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.
HURIWA noted that such disregard was displayed 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 acting like kidnappers.
The rights organisation said that based on eye witnesses account and information in circulation, depicted the methodology applied by those who carried out the arrest just like the method in use by bandits and kidnappers, stressing that such a method is clearly not in line with the stated provisions of the law including the Nigerian Police Act of 2020.
A statement by Emmanuel Onwubiko, National Coordinator of HURIWA, noted that 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 pointedly said the Ebonyi state police command is not above the law and shouldn’t be allowed to get away with impunity and lawlessness.
It specifically faulted the Ebonyi State police command for effecting an arrest even when by their own admission, the police is still investigating the petition filed against citizen Igboayaka Igboayaka.
HURIWA said; “Why arrest someone under a probable allegation which even by your own admission is not yet substantiated since investigation is ongoing?
“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,” it said.
HURIWA therefore demanded the immediate release of the Youth President of Ohanaeze Ndigbo, adding that for the avoidance of semantic gymnastics or unnecessary arguments, the police Act of 2020 makes it mandatory on a police officer or any other person authorized to effect an arrest to inform the suspect his rights to; “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).
“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)
“Free legal representation by the Legal Aid Council of Nigeria or other organizations where applicable. See Sec. 35(2)(c),” it noted.
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), adding that a suspect shall be accorded humane treatment and shall not be subjected to torture, cruelty, inhumane or degrading treatment. See Sec. 37.
Accordingly, HURIWA called 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 taken away in a manner in which the eye witnesses concluded that those who took him away were kidnappers.
HURIWA said 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.
HURIWA further 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.
