RIGHT TO LIFE: POLICE BRUTALITY, KILLING IN DEFENCE OF PROPERTY AND ANIMAL RIGHTS By Edim Effiong Edim Esq.

Life being a gift from God, is the sum total of human existence. It is not given by the state (country) and as such, the state can only recognize and ensure that its existence is not impeded. Right to life is obviously the most fundamental of all human  rights because other human rights can only be exercised by a living being. 

Today, we will be looking at police brutality, defence to property as an exception to the right to life and animal rights. Let’s get down to business guys!.

Police Brutality & Right to life in Nigeria. 

The Nigerian Police Force (NPF) upon its establishment in 1930, had as its motto: Police is your friend. This motto, I would dare say has long packed up and turned 'scrap' because the Nigerian Police has since become everything but our friend. Officers of the Nigerian Police Force have now become 'trigger-happy agents of destruction' (that is of course to put it quite subtly).

The special Anti Robbery Squad (SARS),  for example, sees every 'Frosh' Nigerian youth as a suspect. In fact, double wahala for who carry dreadlocks, drive flashy car, use expensive phone or carry laptop bag.  

Unfortunately, it goes beyond SARS. As a matter of fact, acts of brutality and wanton disregard for human life predates SARS. Aside SARS, there is also Operation Puff Adder, IGP x Squad and the dreaded Anti-Cultism Unit. 

Violations of the right to life by the police come in various forms such as extrajudicial killings, torture, shooting of protesters, etc. A suspect once narrated how he and his cell mates were filed out in the middle of the night and ordered to run. Fortunately, none of them ran.  What do you think would have been their fate, had they run? Errrrr… I’ve never really loved giving 'expos' but your guess is as good as mine.

According to the Open Society Justice Initiative (OSJI), in order to get confessions, Nigerian Police personnel go as far as torturing suspects. According to the report, many police stations have a Chief torture officer and a torture room. E shock you? Relaaaax! Don’t say I told you though. The kind of torture suspects go through is better imagined than experienced.

In February, 2020, BBC Africa exposed a torture technique called “Tabay” also known as Hawan keke (bicycle ride) employed by law enforcement agents. This technique involves binding detainees in a crude and painful fashion; the arms are forced and tied at the elbows, cutting circulation of blood to the hands thereby immobilizing the victim. The feet are then tied back, contouring the body into a triangle. I have seen the video so I think I’ll stop the narration here and I bet even though you haven’t seen the video, you would also agree I stop here because “dem no dey tell blind man say salt no dey food”. The narration alone, sends jitters. 

BUT WHY?

At the root of this brutality is an undertrained and underpaid force. As a matter of fact, if I were a scholar and asked to define the Nigerian Police Force, I’ll simply define it as “an underpaid group of people, lacking in motivation and full of frustration and aggression!" The average policeman discharges his duties based on his mood. To make matters worse, there is a complete lack of psychological support and functional counseling unit. God forbid that I speak for the police force but on God, f you have an encounter with a gun-wielding, angry and hungry police officer, you would realize that ‘person wey chop belle full no sabi wetin hungry man dey see

CAN THE NIGERIAN POLICE BE BETTER?

Definitely! Do I want them to be better? You bet I do! However, are we as citizens helping them to be better? What role have we played in fueling the embers of rights violation in Nigeria? How many times have you reported your friend to the Police because he/she refused to pay back that loan you gave? How many times have you tipped the police to “deal with him” or “teach her a lesson? 

WHAT CAN BE DONE TO MAKE THEM BETTER? 

A lot can be done to make them better but firstly, let's ponder on some things; 

Why is the Anti Torture Act signed into Law in 2017, yet to be put into full force? 

Why has the National Human right Commssion not had a Governing Council since 2015?

Why are the officers of the NPF grossly underpaid? 

What happened to training and retraining of Nigerian Police Officers?

These and many more, are questions that the Government ought to have answered but rather than address them, decided to change SARS to SWAT and proceeded to unleash hell on peaceful protesters (patriots) carrying out their lawful and constitutionally guaranteed rights. 

I strongly believe the Nigerian Police is overripe for reform. It is time for police uniforms to carry cameras which they would have to activate before effecting any arrest or questioning any suspect. Failure to do so on its own would be substantial proof that proper procedure was not followed. Also, there must be a video recorder in every evidence taking room. 

What do you think is the way forward? 

Please do not fail to drop your thoughts in the comment section.

IS DEFENCE OF PROPERTY EQUAL TO RIGHT TO LIFE IN NIGERIA?

Black’s Law Dictionary, (2004) defines property as “the right to possess, use and enjoy a determinant thing (either a land or chattel). We shall concern ourselves with moveable and immovable property.

The right of man to protect his property from invasion or “grabbing” (especially from the red cap or papa’s cap wearing chiefs) is recognized under Native Law and Custom and even under the 1999 Nigerian Constitution (as amended). In fact, section 43 & 44 of the 1999 Nigerian Constitution guarantee the right to acquire and own property (whether moveable or immoveable) in Nigeria.

Therefore, the defence of property under the constitution may include the use of force to prevent a thief from taking one’s property.  The use of force “reasonably necessary” in defence of property, that may result in the killing of the trespasser or intruder into one’s property is a permissible defence under the Nigerian Constitution. (Igwe Onyebuchi, 2020).

Note however that the fact that you can “use force” in defence of your property does not mean you should shoot a child that runs into your compound to pick his flying carpet (ball) that flew into your property. Yes! Some people can be wicked like that.

Section 33(2)(b) of the 1999 Nigerian Constitution provides that;

"A person shall not be regarded as having been deprived of his life in circumstances of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary for the defence of property". 

It is clear by the above provision that one may be excused by the law if he can prove that he was using reasonable force in defence of his property which resulted in the death of another.  

Unfortunately, the drafters of the Constitution did not proceed to state what constitutes “reasonable force” or what kind of force can be said to be “reasonably necessary”, thereby leaving a blank cheque provision to the whims and caprices of the court (i.e Judge). 

Judges being humans who come from different backgrounds, are left with the heavy burden of deciding what amounts to “reasonable force”.  Imagine a Judge who grew up in a community where every compound had a charm(juju) tied to every African Star Apple (Udara or Agbalumo) tree and any person who dares to pluck same, will be inflicted with elephantiasis. To your mind, is such a Judge more or less likely to convict an accused person who killed another in defence of his property? 

A pertinent question that begs an urgent answer here is whether any property (no matter how magnificent), can be equated to the value of one life?

It is my strong belief that it is time Nigeria moved away from the concept of “reasonable force” to kill in defence of property. 

Do you think so too? 

If you do not agree that the clause be deleted, do you agree that if it be retained but what constitutes “reasonable force” be explicitly defined?

Please tell us what you think in the comment section.

ANIMAL RIGHTS AND CRUELTY TO ANIMALS

Did you know that under section 495 of the Criminal Code Act, anyone found guilty of an offence of cruelty to animals is liable to six(6) months imprisonment and/or a fine of Fifty(50) Naira? Fifty (50) Naira!!! Yes, that’s right! 13 Cents! Lol. 

This may seem funny but the “6 months imprisonment” surely doesn’t, especially bearing in mind that the watch word there is “and/or”. This would mean that you can be convicted and sentenced to 6 months imprisonment, convicted and asked to pay fifty(50) Naira or you can be convicted, pay fifty(50) Naira and still serve a six months sentence.

Animal rights is seen generally as the idea in which some, or all animals are entitled to the possession of their own existence and that their most basic interest such as the need to avoid suffering and to be afforded the same considerations as humans are guaranteed and that they are treated with their own desires and needs, rather than as an unfeeling property that can be used as food, clothing, research, entertainment, etc. 

Cruelty to animals on the other hand, also called animal abuse, animal neglect or animal cruelty is the infliction by omission (neglect) or by commission by humans of suffering or harm upon any non-human animal. 

That having been said, do you know of any person that has ever been tried and convicted of animal cruelty in Nigeria? I have never seen or heard of anyone. This however, does not erode from the fact that the life of an animal is as valuable as that of a Human Being. So also are their rights. 

It is true that in Genesis 1:26, God gave man authority to “have dominion over the fish of the sea, and over the fowl of the air, and over every creeping thing that creepeth over the earth”. I am however certain that “dominion over” could not have meant eating them na! Haba! Especially the endangered ones!

Nigerians not only eat wild animals but openly boast about doing so. A Nigerian would (without any iota of shame or fear) boast about eating a monkey, tortoise, snake, cat, dog, crocodile, shark, antelope, etc. In a rather shocking manner, they’d say ‘if you never chop am, You dey miss ooh…’ Believe me, you are missing nothing! 

Do you know that a lot of Nigerians will never be granted Visa into any western country if a video of them eating dog meat or monkey (bush meat) was posted on the internet?

Do you know there are Nigerians who still believe that cats are witches and wizards? If you are among persons that still hold onto this barbaric belief, the time to let go of it is Now!!! A friend who once held onto this belief, shared a story of what he described, "the eighth wonder of the world". According to him, his neighbor  in the United Kingdom (UK) where he went to pursue his masters degree program called 911 and reported an emergency. He heard the siren blaring wildly outside his apartment and decided to go out and check what had happened and saw the policemen coming  out with a stretcher. Upon getting close and to his utter disbelief, it was  his neighbor's cat that was carried out on a stretcher. According to reports, the cat had choked on something and the owner called 911. 

This was a cat he had planned to maim or kill for constantly looking into his apartment from the garden. Now, imagine what would happened to him for killing or maiming a cat who got such VIP ambulance treatment.

Nigeria, once said to have the most diverse population of monkeys and apes in the world, now has a dwindling forest as many animals are being hunted to extinction. This is indeed regrettable and has to be urgently addressed. 

What do you think can be done to stop animal cruelty in Nigeria? 

Do you think it is time the Nigerian legislature enacts a singular Act to promote animal welfare in Nigeria?

Share with us, your views in the comment section.      

Thank you!